CELEX: C2002/144/45
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-153/02: Reference for a preliminary ruling by the Giudice di Pace di Genova by order of that Court of 18 April 2002 in the action brought by Valentina Neri against the European School of Economics (ESE INSIGHT World Education System Ltd)

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:
 ---pagebreak--- 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)?