CELEX: C2004/262/15
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (Second Chamber) of 7 September 2004 in Case C-469/02: Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Career break benefit — Residence condition — Indirect discrimination based on nationality — Article 39 EC — Article 7 of Regulation (EEC) No 1612/68 — Article 73 of Regulation (EEC) No 1408/71)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/8
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 7 September 2004
   in Case C-469/02: Commission of the European Communities v Kingdom of Belgium (1)
   
   (Failure of a Member State to fulfil obligations - Career break benefit - Residence condition - Indirect discrimination based on nationality - Article 39 EC - Article 7 of Regulation (EEC) No 1612/68 - Article 73 of Regulation (EEC) No 1408/71)
   (2004/C 262/15)
   Language of the case: French
   In Case C-469/02: action under Article 226 EC for failure to fulfil obligations, brought on 23 December 2002, Commission of the European Communities (Agent: H. Michard) v Kingdom of Belgium (Agent: A. Snoecx, then by E. Dominkovits) — the Court (Second Chamber), composed of: C.W.A. Timmermans (Rapporteur), President of Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues ande R. Schintgen and N. Colneric, Judges; M. Poiares Maduro, Advocate General; R. Grass, for the Registrar, has given a judgment on 7 September 2004, in which it:
   
               1.
            
            
               Declares that, by making the granting and payment of a benefit under the career-break benefit scheme subject to the condition that the person concerned is habitually resident in Belgium, the Kingdom of Belgium has failed to fulfil its duties under Article 39 EC, Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, Article 73 of Council Regulation No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996;
            
         
               2.
            
            
               Order the Kingdom of Belgium to pay the costs.
            
         
      (1)  OJ C 44 of 22.2.2003.