CELEX: C2002/144/46
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-154/02: Reference for a preliminary ruling by the Hässleholms Tingsrätt by order of that Court of 22 April 2002 in the case against Jan Nilsson

15.6.2002               EN                    Official Journal of the European Communities                                      C 144/27
     —      impede the Italian establishment of a limited com-                 —     require production of an attestation from the diplo-
            pany whose principal business is in the United                           matic representation — Italian consulate in the
            Kingdom from carrying on in the host state the                           foreign country in which the degree was awarded —
            business of organising and administering courses of                      proving actual residence in that country by the
            study for preparation for university examinations,                       person concerned for the whole period of the
            for which the company is duly authorised and                             university studies;
            accredited by the United Kingdom public auth-
            orities?
                                                                               —     limit recognition of degrees ‘solely’ to pursuit of a
                                                                                     profession already pursued in the State of origin,
                                                                                     thus precluding recognition for the purposes of
     —      discriminate as between nationals pursuing the same                      access to a regulated profession even though not
            activities;                                                              previously exercised.
                                                                         3.    What is the meaning and scope of the expression ‘harmful
     —      prohibit and/or seriously impede the Italian estab-                interruption (...) of vocational training’ in Council
            lishment of that undertaking in obtaining, in another              Decision 63/266/EEC (3) and does it cover the creation at
            Member State and for valuable consideration, the                   national level by the public authorities of a permanent
            services conducive to the pursuit of the abovemen-                 system of information which evidences that degrees
            tioned activity;                                                   awarded by a university, even though legally recognised
                                                                               in the United Kingdom, cannot be recognised under
                                                                               national legislation if they have been obtained on the
                                                                               basis of periods of study completed in Italy.
     —      discourage students from enrolling in those courses
            of study;
                                                                         (1) OJ L 19 of 24.1.1989, p. 16.
                                                                         (2) OJ C 109 of 4.5.2002, p. 2.
     —      impede the professional training of enrolled students
                                                                         (3) OJ 63 of 20.4.1963, p. 1338.
            and the obtaining of an award capable of conferring
            on its holder advantages either in securing access to
            a professional activity or in exercising it with greater
            reward in other Member States as well.
2.   On an interpretation — herein requested — of Article 2
     of Council Directive 89/48/EC (1), does that directive
     confer rights which may be relied on also before acqui-
     sition of the degree mentioned in Article 1 of the directive        Reference for a preliminary ruling by the Hässleholms
     itself. If the reply to that question is affirmative, does the      Tingsrätt by order of that Court of 22 April 2002 in the
     directive itself, regard also being had to the judgment in                               case against Jan Nilsson
     Case C-145/99 Commission v Italian Republic [2001] (2),
     permit rules or administrative practices in the national
     legal order which:                                                                           (Case C-154/02)
                                                                                                  (2002/C 144/46)
     —      make recognition of university degrees obtained on
            completion of training of at least three years’
            duration subject to the discretion of the public
            authorities;
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by order of the Hässleholms Tingsrätt
                                                                         (district court) of 22 April 2002, received at the Court Registry
     —      grant recognition in Italy of degrees awarded by             on 26 April 2002, for a preliminary ruling in the case against
            universities recognised in the United Kingdom only           Jan Nilsson on the following questions:
            if completed after regular attendance for the whole
            course of studies at those universities, to the
            exclusion therefore of degrees awarded to Italian            1)    Do stuffed animals listed in Annex A fall within the
            nationals on the basis of periods of study completed               definition of ‘worked specimens’?
            with foreign institutions operating in Italy even
            though they are approved and accredited by the
            competent public authorities in the Member State to          2)    What is covered by the term ‘acquire’ in Article 8(3) of
            which they belong;                                                 Regulation No 338/97(1)?
 ---pagebreak--- C 144/28                EN                     Official Journal of the European Communities                                      15.6.2002
3)    Must the person who acquired the specimen more than                 —     point H(e) of that annex (relating to Italy) includes,
      50 years previously be the present owner?                                 amongst the benefits under the Italian system which are
                                                                                subject to residence requirements, benefits supplementing
                                                                                the minimum pension;
4)    Do the provisions on exemption in Article 32 of Regu-
      lation No 1808/2001 (2) mean that no assessment by the
                                                                          —     benefits supplementing the minimum pension do not
      authority in accordance with Article 2(w) of Regulation
                                                                                possess the characteristics of an autonomous benefit, but
      No 338/97 is required?
                                                                                must instead be regarded as an integral element of the
                                                                                benefit to be awarded,
(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the           —     the Court of Justice is requested to give a preliminary
    protection of species of wild fauna and flora by regulating trade           ruling on the validity of Annex IIa of Regulation No 1408/
    therein (OJ L 061 of 3.3.1997, p. 1).                                       71, inasmuch as it includes amongst the ‘non-exportable’
(2) Commission Regulation (EC) No 1808/2001 of 30 August 2001                   benefits listed in point H(e) (relating to Italy) the sup-
    laying down detailed rules concerning the implementation of                 plement to the minimum pension as provided for by the
    Council Regulation (EC) No 338/97 on the protection of species              Italian legislation;
    of wild fauna and flora by regulating trade therein (OJ L 250 of
    19.9.2001, p. 1).
                                                                          in other words, a ruling is requested on the question whether
                                                                          that annex is compatible with Articles 39 and 42 of the EC
                                                                          Treaty inasmuch as it precludes the exportability not of a
                                                                          special non-contributory benefit but rather of an element of a
                                                                          contributory benefit (in this case, an old-age pension) which
                                                                          cannot be subject to any residence requirement.
                                                                          (1) OJ L 149 of 5.7.1971, p. 2.
                                                                          (2) OJ L 136 of 19.5.1992, p. 1.
Reference for a preliminary ruling by the Tribunale di
Roma by order of that Court of 5 April 2002 in the
case of Lidia Marcaletti against Istituto nazionale della
                    previdenza sociale (INPS)
                         (Case C-158/02)
                                                                          Action brought on 2 May 2002 by the Kingdom of Spain
                                                                            against the Commission of the European Communities
                         (2002/C 144/47)
                                                                                                    (Case C-165/02)
                                                                                                    (2002/C 144/48)
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Roma
(Rome District Court) of 5 April 2002, received at the Court
Registry on 29 April 2002, for a preliminary ruling in the case
of Lidia Marcaletti against Istituto nazionale della previdenza           An action against the Commission of the European Communi-
sociale (INPS) (National Social Welfare Institution) on the               ties was brought before the Court of Justice of the European
following questions: Whereas:                                             Communities on 2 May 2002 by the Kingdom of Spain,
                                                                          represented by Rosario Silva de Lapuerta, Abogado del Estado,
                                                                          with an address for service in Luxembourg at the Spanish
—     Article 4 of Regulation (EEC) No 1408/71 (1) lists the              Embassy, 4-6, boulevard E. Servais.
      benefits from amongst the various branches of social
      security which fall within the substantive scope of that
      regulation;                                                         The applicant claims that the Court should:
                                                                          —    annul Commission Regulation (EC) No 494/2002 (1) of
—     Article 1(t) sets out a Community definition of the terms
                                                                                19 March 2002 establishing additional technical
      ‘benefits’ and ‘pensions’;
                                                                                measures for the recovery of the stock of hake in ICES
                                                                                sub-areas III, IV, V, VI and VII and ICES divisions VIII a,
—     Annex IIa, introduced by Regulation No 1247/92 (2) of                     b, d, e;
      30 April 1992, refers to the special non-contributory
      benefits which are subject to residence conditions;                 —    order the defendant institution to pay the costs.