CELEX: C2002/274/34
Language: en
Date: 2002-11-09 00:00:00
Title: Case C-327/02: Reference for a preliminary ruling by the Rechtbank te s'-Gravenhage by decision of that Court of 16 September 2002 in the case of Lili Georgieva Panayotova, Radostina Markova Kalcheva, Izabella Malgorzata Lis, Lubica Sopova, Izabela Leokadia Topa and Jolanta Monika Rusiecka against Minister voor Vreemdelingenzaken en Integratie

C 274/20               EN                     Official Journal of the European Communities                                      9.11.2002
tember 2002 by the Commission of the European Communi-                   1.    Must the answer given by the Court to question 4 in its
ties, represented by Gregorio Valero Jordana, of its Legal                     judgment of 27 November 2001 in Case C-257/99
Service, with an address for service in Luxembourg.                            Barkoci and Malik be interpreted to mean that it is
                                                                               incompatible with Article 45(1) in conjunction with
                                                                               Article 59(1) of the Association Agreement with Bulgaria,
The applicant claims that the Court of Justice should:                         Article 44(3) in conjunction with Article 58 of the
                                                                               Association Agreement with Poland and Article 45(3) in
—     declare that, by failing to adopt the laws, regulations                  conjunction with Article 59 of the Association Agreement
      and administrative provisions necessary to comply with                   with the Slovak Republic for the competent authority,
      Council Directive 1999/13/EC (1) of 11 March 1999 on                     when assessing an application submitted in the Nether-
      the limitation of emissions of volatile organic compounds                lands for a full residence permit with a view to establish-
      due to the use of organic solvents in certain activities and             ment in accordance with the Association Agreement, to
      installations or, in any event, by failing to communicate                refrain from examining the contents of the application
      such provisions to the Commission, the Kingdom of                        solely on the ground that the applicant does not have a
      Spain has failed to fulfil its obligations under that                    temporary residence permit? Does the fact that the
      directive;                                                               substantive entry requirements are clearly and manifestly
                                                                               satisfied make any difference to the answer to this
—     order the Kingdom of Spain to pay the costs.                             question?
                                                                         2.    Is it relevant for the purposes of answering the first
                                                                               question, and if so how, whether the person applying for
Pleas in law and main arguments
                                                                               a full residence permit is legally resident in the Nether-
                                                                               lands at the time of the application, whether or not on
The binding nature of the third paragraph of Article 249 EC                    the basis of an entitlement other than a temporary
and the first paragraph of Article 10 EC requires the Member                   residence permit, such as the ‘free period’ referred to in
States to adopt the measures necessary to implement the                        Article 8 of the Vreemdelingenwet?
directives addressed to them before the expiry of the period
prescribed for that purpose. The period in question expired on
1 April 2001 without Spain’s having introduced the necessary
measures.
( 1) OJ L 85, 29.3.1999, p. 1.
                                                                         Action brought on 19 September 2002 by the Com-
                                                                            mission of the European Communities against Ireland
Reference for a preliminary ruling by the Rechtbank te                                            (Case C-330/02)
s’-Gravenhage by decision of that Court of 16 September
2002 in the case of Lili Georgieva Panayotova, Radostina
Markova Kalcheva, Izabella Malgorzata Lis, Lubica Sopo-                                           (2002/C 274/35)
va, Izabela Leokadia Topa and Jolanta Monika Rusiecka
 against Minister voor Vreemdelingenzaken en Integratie
                         (Case C-327/02)
                                                                         An action against Ireland was brought before the Court of
                         (2002/C 274/34)                                 Justice of the European Communities on 19 September 2002
                                                                         by the Commission of the European Communities, represented
                                                                         by Mr X. Lewis, acting as agent, with an address for service in
                                                                         Luxembourg.
Reference has been made to the Court of Justice of the
European Communities by decision of the Rechtbank te
s’-Gravenhage (District Court, The Hague) of 16 September                The Applicant claims that the Court should:
2002, received at the Court Registry on 18 September
2002, for a preliminary ruling in the case of Lili Georgieva
Panayotova, Radostina Markova Kalcheva, Izabella Malgorzata              —     declare that by failing to adopt the laws, regulations
Lis, Lubica Sopova, Izabela Leokadia Topa and Jolanta Monika                   and administrative provisions necessary to comply with
Rusiecka against Minister voor Vreemdelingenzaken en Inte-                     Council Directive 1999/13/EC (1) of 11 March 1999 on
gratie (Minister for Alien Affairs and Integration) on the                     the limitation of emissions of volatile organic compounds
following questions:                                                           due to the use of organic solvents in certain activities and