CELEX: C2000/247/06
Language: en
Date: 2000-08-26 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 May 2000 in Case C-424/98: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Right of residence — Directives 90/364/EEC, 90/365/EEC and 93/96/EEC — Conditions as to resources)

C 247/4                   EN                       Official Journal of the European Communities                                           26.8.2000
against the order of the Court of First Instance of the European              U. Leanza, assisted by D. del Gaizo — application for a
Communities (Third Chamber) of 16 July 1998 in Case                           declaration that
T-274/97 Ca’ Pasta v Commission [1998] ECR II-2925,
seeking to have that order set aside, the other party to                      —    by requiring family members of beneficiaries of Council
the proceedings being the Commission of the European                               Directive 90/364/EEC of 28 June 1990 on the right of
Communities — the Court (Second Chamber), composed of:                             residence (OJ 1990 L 180, p. 26) to have resources one
R. Schintgen, President of Chamber, G. Hirsch and V. Skouris                       third higher in amount than the minimum required for
(Rapporteur), Judges; G. Jacobs, Advocate General; R. Grass,                       family members of beneficiaries of Council Directive
Registrar, has given a judgment on 25 May 2000, in which it:                       90/365/EEC of 28 June 1990 on the right of residence
                                                                                   for employees and self-employed persons who have
1.    Sets aside the order of the Court of First Instance of 16 July               ceased their occupational activity (OJ 1990 L 180, p. 28);
      1998 in Case T-274/97 Ca’ Pasta v Commission;
                                                                              —    by limiting the types of proof which may be submitted
                                                                                   and, in particular, by providing that certain documents
2.    Annuls the implied decision suspending Community aid con-                    must be issued or certified by the authorities of another
      tained in the Commission’s letter of 4 August 1997 to Ca’                    Member State; and
      Pasta Srl;
                                                                              —    by requiring students who are citizens of other Member
3.    Orders the Commission of the European Communities to pay                     States and who are requesting recognition of their right
      the costs, including the costs at first instance.                            of residence in Italy pursuant to Council Directive
                                                                                   93/96/EEC of 29 October 1993 on the right of residence
                                                                                   for students (OJ 1993 L 317, p. 59) and members of their
                                                                                   family to guarantee to the Italian authorities that they
(1) OJ C 378 of 5.12.1998.
                                                                                   have resources of a certain amount and, as regards the
                                                                                   means to be used for that purpose, not clearly leaving the
                                                                                   student a choice between making a declaration and such
                                                                                   alternative means as are at least equivalent, and by not
                                                                                   allowing the declaration to be used where the student is
                                                                                   accompanied by members of his family,
                                                                              the Italian Republic had failed to fulfil its obligations under
                                                                              those directives
                  JUDGMENT OF THE COURT                                       the Court (Fifth Chamber), composed of: D.A.O. Edward
                                                                              (Rapporteur), President of the Chamber, L. Sevón, P.J.G. Kap-
                                                                              teyn, P. Jann and H. Ragnemalm, Judges; D. Ruiz-Jarabo Col-
                            (Fifth Chamber)                                   omer, Advocate General; R. Grass, Registrar, has given a
                                                                              judgment on 25 May 2000, in which it:
                            of 25 May 2000                                    1.   Declares that
                                                                                   —     by limiting the means of proof that may be relied upon,
in Case C-424/98: Commission of the European Communi-                                    and in particular by providing that certain documents
                       ties v Italian Republic (1)                                       must be issued or certified by the authority of a Member
                                                                                         State, and
(Failure of a Member State to fulfil its obligations — Right                       —     by, first, requiring students who are nationals of other
of residence — Directives 90/364/EEC, 90/365/EEC and                                     Member States and who are seeking recognition of their
           93/96/EEC — Conditions as to resources)                                       and their families’ right of residence in Italy pursuant to
                                                                                         Council Directive 93/96/EEC of 29 October 1993 on
                                                                                         the right of residence for students to guarantee to the
                            (2000/C 247/06)
                                                                                         Italian authorities that they have resources of a specific
                                                                                         amount; secondly, as regards the means to be used for
                                                                                         that purpose, by not clearly leaving such students the
                      (Language of the case: Italian)                                    choice between a declaration and such alternative means
                                                                                         as are at least equivalent; and, finally, by not allowing the
                                                                                         use of a declaration where a student is accompanied by
                                                                                         members of his family,
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                the Italian Republic has failed to fulfil its obligations under
                                                                                   Council Directive 90/364/EEC of 28 June 1990 on the right
                                                                                   of residence, Council Directive 90/365/EEC of 28 June 1990
In Case C-424/98: Commission of the European Communities                           on the right of residence for employees and self-employed
(Agents: initially A. Aresu, of its Legal Service, and sub-                        persons who have ceased their occupational activity, and
sequently K. Oldfelt Hjertonsson) v Italian Republic (Agent:                       Directive 93/96;
 ---pagebreak--- 26.8.2000                EN                     Official Journal of the European Communities                                            C 247/5
2.    Dismisses the remainder of the action;                               The position is not in any way changed by the fact that the taxpayer
                                                                           applying for such a tax exemption is an ordinary shareholder or an
3.    Orders the Italian Republic and the Commission of the                employee who holds shares giving rise to the payment of dividends
      European Communities to bear their own costs.                        under an employees’ savings plan.
                                                                           (1) OJ C 137 of 2.5.1998.
(1) OJ C 48 of 20.2.1999.
                                                                                            JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                               of 6 June 2000
                            of 6 June 2000                                 in Case C-281/98 (reference for a preliminary ruling from
                                                                           the Pretore di Bolzano): Roman Angonese v Cassa di
                                                                                             Risparmio di Bolzano SpA (1)
in Case C-35/98 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): Staatssecretaris van                       (Freedom of movement for persons — Access to employment
               Financiën v B.G.M. Verkooijen (1)                           — Certificate of bilingualism issued by a local authority —
                                                                           Article 48 of the EC Treaty (now, after amendment,
(Free movement of capital — Direct taxation of share                         Article 39 EC) — Council Regulation (EEC) No 1612/68)
dividends — Exemption — Limitation to shares in companies
             whose seat is within national territory)                                                (2000/C 247/08)
                           (2000/C 247/07)                                                     (Language of the case: Italian)
                     (Language of the case: Dutch)                         (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Provisional translation; the definitive translation will be published     In Case C-281/98: reference to the Court under Article 177 of
                    in the European Court Reports)                         the EC Treaty (now Article 234 EC) from the Pretore di
                                                                           Bolzano, Italy, for a preliminary ruling in the proceedings
                                                                           pending before that court between Roman Angonese and
In Case C-35/98: reference to the Court under Article 177 of               Cassa di Risparmio di Bolzano — on the interpretation of
the EC Treaty (now Article 234 EC) from the Hoge Raad der                  Article 48 of the EC Treaty (now, after amendment, Article 39
Nederlanden for a preliminary ruling in the proceedings                    EC) and Articles 3(1) and 7(1) and (4) of Regulation (EEC)
pending before that court between Staatssecretaris van Financi-            No 1612/68 of the Council of 15 October 1968 on freedom
ën and B.G.M. Verkooijen — on the interpretation of Council                of movement for workers within the Community (Official
Directive 88/361/EEC of 24 June 1988 for the implementation                Journal, English Special Edition 1968 (II), p. 475) — the Court,
of Article 67 of the Treaty (OJ 1988 L 178, p. 5) and of                   composed of: G.C. Rodrı́guez Iglesias, President, D.A.O. Ed-
Articles 6 and 52 of the EC Treaty (now, after amendment,                  ward, L. Sevón and R. Schintgen, Presidents of Chambers,
Articles 12 EC and 43 EC) — the Court, composed of:                        P.J.G. Kapteyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann,
G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,             H. Ragnemalm (Rapporteur) and M. Wathelet, Judges; N. Fen-
L. Sevón and R. Schintgen, Presidents of Chambers, P.J.G. Kap-            nelly, Advocate General; L. Hewlett, Administrator, for the
teyn, C. Gulmann, J.-P. Puissochet, P. Jann, H. Ragnemalm,                 Registrar, has given a judgment on 6 June 2000, in which it
M. Wathelet (Rapporteur) and F. Macken, Judges; A. La Pergola,             has ruled:
Advocate General; D. Louterman-Hubeau, Principal Adminis-
trator, for the Registrar, has given a judgment on 6 June 2000,            Article 48 of the EC Treaty (now, after amendment, Article 39 EC)
in which it has ruled:                                                     precludes an employer from requiring persons applying to take part
                                                                           in a recruitment competition to provide evidence of their linguistic
Article 1(1) of Council Directive 88/361/EEC of 24 June 1988 for           knowledge exclusively by means of one particular diploma issued only
the implementation of Article 67 of the Treaty precludes a legislative     in one particular province of a Member State.
provision of a Member State which, like the one at issue in the main
proceedings, makes the grant of an exemption from the income tax           (1) OJ C 278 of 5.9.1998.
payable on dividends paid to natural persons who are shareholders
subject to the condition that those dividends are paid by a company
whose seat is in that Member State.