CELEX: C2002/144/44
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-148/02: Reference for a preliminary ruling by the Conseil d'Etat, section d'administration by judgment of that Court of 21 December 2001 in the case of Carlos Garcia Avello against Etat Belge

C 144/26              EN                    Official Journal of the European Communities                                      15.6.2002
Question 2                                                             interpreted as precluding the Belgian administrative authority,
                                                                       to which an application to change the surname of minor
Is the answer to Question 1 affected by whether the effective          children residing in Belgium who have dual Belgian and
date of the pay rise commences:                                        Spanish nationality has been made on the ground, without
                                                                       other special circumstances, that those children should bear
(i)   prior to the beginning of the woman’s maternity leave,           the surname to which they are entitled according to Spanish
                                                                       law and tradition, from refusing that change by stating that
(ii) prior to the ending of the period of the earnings-related         that type of application is habitually rejected on the ground
      period of her SMP, or                                            that, in Belgium, children bear their father’s surname’, particu-
                                                                       larly where the position usually adopted by the authority
                                                                       results from the fact that it considers that the grant of a
(iii) on some other date and, if so, on what date?
                                                                       different surname may, in the context of social life in Belgium,
                                                                       arouse questions as to the parentage of the child concerned,
                                                                       but that, in order to reduce the difficulties associated with dual
Question 3                                                             nationality, it is suggested to applicants in that situation
                                                                       that they adopt only the father’s first surname, and that,
If the answer to Question 1 is in the affirmative,                     exceptionally, where there are few connecting factors to
                                                                       Belgium or it is appropriate to re-establish the same surname
(i)   how should the calculation or re-alculation of the normal        among siblings, a favourable decision may be taken?
      weekly earnings in the relevant period take into account
      the pay rise?
(ii) Should the relevant period be changed?
(iii) What allowance, if any, should be made for other factors
      occurring within the period to which the pay rise relates
      such as the numbers of hours worked, and the reason for
      the pay increase?
(iv) Does it follow that if there is a reduction in pay after the      Reference for a preliminary ruling by the Giudice di Pace
      end of the relevant period but before the end of the             di Genova by order of that Court of 18 April 2002 in the
      woman’s period of maternity leave, her SMP should be             action brought by Valentina Neri against the European
      calculated or re-calculated to take account of the               School of Economics (ESE INSIGHT World Education
      reduction of pay, and if so, how is this to be done?                                       System Ltd)
                                                                                               (Case C-153/02)
                                                                                               (2002/C 144/45)
Reference for a preliminary ruling by the Conseil d’Etat,
section d’administration by judgment of that Court of
21 December 2001 in the case of Carlos Garcia Avello
                       against Etat Belge
                        (Case C-148/02)                                Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Giudice di Pace di
                                                                       Genova (Office of the Magistrate Genoa) of 18 April 2002,
                        (2002/C 144/44)                                received at the Court Registry on 26 April 2002, for a
                                                                       preliminary ruling in the action brought by Valentina Neri
                                                                       against the European School of Economics (ESE INSIGHT
                                                                       World Education System Ltd) on the following questions:
Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’Etat,
section d’administration (Belgian Council of State, administrat-       1.    Are the rules or administrative practices of the national
ive section) of 21 December 2001, received at the Court                      legal order, such as those described at points III and IV
Registry on 24 April 2002, for a preliminary ruling in the case              hereof, compatible with the principles of the EC Treaty
of Carlos Garcia Avello against Etat Belge on the following                  concerning the free movement of persons (Article 39 et
question:                                                                    seq EC), the right of establishment (Article 43 et seq. EC)
                                                                             and freedom to provide services (Article 49 et seq. EC), as
Are the principles of Community law relating to European                     interpreted by the Court of Justice. Of particular relevance
citizenship and to the freedom of movement of persons,                       in that regard are national rules and/or administrative
enshrined particularly in Articles 17 [EC] and 18 [EC], to be                practices which: