CELEX: C2004/007/16
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-311/01: Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Social security — Articles 69 and 71 of Regulation (EEC) No 1408/71 — Unemployment benefit — Frontier workers — Retention of benefit entitlement when seeking employment in another Member State)

10.1.2004               EN                           Official Journal of the European Union                                                   C 7/11
                 JUDGMENT OF THE COURT                                              ployment benefit, the Kingdom of the Netherlands has failed to
                                                                                    fulfil its obligations under Articles 69 and 71 of the regulation;
                          (Fifth Chamber)                                    2.     Orders the Kingdom of the Netherlands to pay the costs.
                       of 6 November 2003                                    (1) OJ C 289 of 13.10.2001.
in Case C-311/01: Commission of the European Communi-
             ties v Kingdom of the Netherlands (1)
(Failure of a Member State to fulfil obligations — Social
security — Articles 69 and 71 of Regulation (EEC) No 1408/                                       JUDGMENT OF THE COURT
71 — Unemployment benefit — Frontier workers — Reten-
tion of benefit entitlement when seeking employment in
                      another Member State)                                                                (Fifth Chamber)
                                                                                                       of 13 November 2003
                           (2004/C 7/16)
                                                                             in Case C-313/01 (Reference for a preliminary ruling from
                    (Language of the case: Dutch)                            the Corte suprema di cassazione): Christine Morgenbesser
                                                                                  v Consiglio dell’Ordine degli avvocati di Genova (1)
(Provisional translation; the definitive translation will be published       (Freedom of establishment — Enrolment in the register of
                   in the European Court Reports)                            ‘praticanti’ — Recognition of diplomas — Access to regu-
                                                                                                          lated professions)
                                                                                                            (2004/C 7/17)
In Case C-311/01, Commission of the European Communities
(Agents: H. Michard and H. van Vliet) v Kingdom of the
                                                                                                     (Language of the case: Italian)
Netherlands (Agents: H. G. Sevenster and I. van der Steen):
Application for a declaration that, by refusing to allow wholly
unemployed frontier workers to make use of the possibility                   (Provisional translation; the definitive translation will be published
under Article 69 of Regulation (EEC) No 1408/71 of the                                              in the European Court Reports)
Council of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and
to members of their families moving within the Community,
as amended and updated by Council Regulation (EEC)                           In Case C-313/01: Reference to the Court under Article 234
No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), of going,                   EC by the Corte suprema di cassazione (Italy) for a preliminary
under the conditions laid down in that provision, to one or                  ruling in the proceedings pending before that court between
more Member States in order to seek employment there while                   Christine Morgenbesser and Consiglio dell’Ordine degli avvo-
retaining their entitlement to unemployment benefit, the                     cati di Genova, on the interpretation of Articles 10 EC, 12 EC,
Kingdom of the Netherlands has failed to fulfil its obligations              14 EC, 39 EC, 43 EC and 149 EC, the Court (Fifth Chamber),
under Articles 69 and 71 of the regulation, the Court (Fifth                 composed of: D.A.O. Edward (Rapporteur), acting for the
Chamber), composed of: A. La Pergola (Rapporteur), acting for                President of the Fifth Chamber, A. La Pergola and S. von Bahr
the President of the Fifth Chamber, P. Jann and S. von Bahr,                 Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal
Judges; C. Stix-Hackl, Advocate General; M.-F. Contet, Principal             Administrator, for the Registrar, has given a judgment on
Administrator, for the Registrar, has given a judgment on                    13 November 2003, in which it has ruled:
6 November 2003, in which it:
                                                                             Community law precludes the authorities of a Member State from
1.    Declares that, by refusing to allow wholly unemployed frontier         refusing to enrol the holder of a legal diploma obtained in another
      workers to make use of the possibility under Article 69 of             Member State in the register of persons undertaking the necessary
      Regulation (EEC) No 1408/71 of the Council of 14 June                  period of practice for admission to the bar solely on the ground that
      1971 on the application of social security schemes to employed         it is not a legal diploma issued, confirmed or recognised as equivalent
      persons, to self-employed persons and to members of their              by a university of the first State.
      families moving within the Community, as amended and
      updated by Council Regulation (EEC) No 2001/83 of 2 June
      1983, of going, under the conditions laid down in that                 (1) OJ C 289 of 10.10.2001.
      provision, to one or more Member States in order to seek
      employment there while retaining their entitlement to unem-