CELEX: C2003/007/22
Language: en
Date: 2003-01-11 00:00:00
Title: Case C-386/02: Reference for a preliminary ruling by the Arbeits- und Sozialgerichts Wien by decision of that Court of 22 October 2002 in the proceedings between Josef Baldinger and Pensionsversicherungsanstalt der Arbeiter

11.1.2003               EN                    Official Journal of the European Communities                                           C 7/13
(c)    colleagues of the general secretary within the union’s            3.    were outside the territory of the Republic of Austria as a
       secretariat?                                                            result of political persecution or the threat of political
                                                                               persecution and were taken into custody for political or
                                                                               military reasons by a foreign power and detained after
                                                                               the start of the Second World War,
Question 5
                                                                         is to be conditional on such persons holding Austrian national-
What bearing on the answers to Questions 1 to 4 has the fact             ity at the time of application?
that the inside information which is disclosed is
(a)    information on the commencement of merger nego-
       tiations between two companies quoted on the stock
       exchange;
(b)    information on the date of merger of two companies
       quoted on the stock exchange; or                                  Action brought on 4 November 2002 by the Commission
                                                                                 of the European Communities against Ireland
(c)    information on the level of the rise in the value of shares
       in a company quoted on the stock exchange which is                                           (Case C-388/02)
       anticipated by reason of the fact that the company is to
       merge with another quoted company?
                                                                                                     (2003/C 7/23)
( 1) Council Directive 89/592/EEC of 13 November 1989 coordinat-
     ing regulations on insider dealing (OJ L 334 of 18.11.1989,
     p. 30).                                                             An action against Ireland was brought before the Court of
                                                                         Justice of the European Communities on 4 November 2002
                                                                         by the Commission of the European Communities, represented
                                                                         by Maria Patakia and Karen Banks, acting as agents, with an
                                                                         address for service in Luxembourg.
Reference for a preliminary ruling by the Arbeits- und                   The Applicant claims that the Court should:
Sozialgerichts Wien by decision of that Court of 22 Octo-
ber 2002 in the proceedings between Josef Baldinger and                  1.    declare that, by failing to adopt the laws, regulations
           Pensionsversicherungsanstalt der Arbeiter                           and administrative provisions necessary to comply with
                                                                               Directive 1999/42/EC of the European Parliament and of
                                                                               the Council of 7 June 1999 on the establishment of a
                          (Case C-386/02)
                                                                               mechanism for the recognition of qualifications in respect
                                                                               of the professional activities covered by the Directives on
                           (2003/C 7/22)                                       liberalisation and transitional measures and sup-
                                                                               plementing the general systems for the recognition of
                                                                               qualifications ( 1), or in any event by failing to communi-
                                                                               cate them to the Commission, Ireland has failed to fulfil
Reference has been made to the Court of Justice of the                         its obligations under the Directive;
European Communities by decision of the Arbeits- und
Sozialgerichts Wien (Labour and Social Court Vienna) of
                                                                         2.    order Ireland to pay the costs of this action.
22 October 2002, received at the Court Registry on 28 October
2002, for a preliminary ruling in the proceedings between
Josef Baldinger and Pensionsversicherungsanstalt der Arbeiter
(Pension Insurance Scheme for Workers) on the following
                                                                         Pleas in law and main arguments
questions:
Is Article 48(2) of the EC Treaty, on the free movement of               Article 249 EC, under which a directive shall be binding as to
workers, to be interpreted as precluding a national rule which           the result to be achieved, upon each Member State, carries by
provides that entitlement to financial compensation first                implication an obligation on the Member States to observe the
legislated for in the year 2000 for persons who                          period for compliance laid down in the directive. That period
                                                                         expired on 31 July 2001 without Ireland having enacted the
1.     became prisoners of war in the course of the First or             provisions necessary to comply with the directive referred to
       Second World War; or                                              in the conclusions of the Commission.
2.     were taken into custody and detained by a foreign power
       for political or military reasons in the course of the            (1 ) OJ L 201, 31.07.1999, p. 77.
       Second World War or during the period when Austria
       was occupied by the allied forces; or