CELEX: C2002/191/36
Language: en
Date: 2002-08-10 00:00:00
Title: Case C-241/02 P: Appeal brought on 1 July 2002 by the International and European Public Services Organisation (IPSO) against the order of 18 April 2002 of the Fourth Chamber of the Court of First Instance of the European Communities in Case T-238/00 between (1) the International and European Public Services Organisation (IPSO), (2) the Union of Staff of the European Central Bank (U.S.E.) and the European Central Bank

C 191/22               EN                   Official Journal of the European Communities                                     10.8.2002
the Court Registry on 17 June 2002, for a preliminary ruling           Appeal brought on 1 July 2002 by the International and
in the case of Rosa Garcı́a Blanco against Instituto Nacional de       European Public Services Organisation (IPSO) against the
la Seguridad Social and Tesoreria General de la Seguridad              order of 18 April 2002 of the Fourth Chamber of the
Social on the following questions:                                     Court of First Instance of the European Communities in
                                                                       Case T-238/00 between (1) the International and Euro-
                                                                       pean Public Services Organisation (IPSO), (2) the Union
                                                                       of Staff of the European Central Bank (U.S.E.) and the
                                                                                            European Central Bank
1.   Do Article 12 and Articles 39 to 42 of the Treaty on
     European Union (Article 6 and Articles 48 to 52 of
     the Treaty establishing the European Community) and                                       (Case C-241/02 P)
     Article 45 of Regulation (EEC) No 1408/71 of the Council
     of 14 June 1971, preclude a national provision under
     which retirement contributions which the Organismo                                         (2002/C 191/36)
     Gestor del Seguro del Desempleo paid on behalf of a
     worker for the period during which she was receiving
     certain unemployment benefits, are not taken into
     account for the purposes of covering the various qualify-         An appeal against the order of 18 April 2002 of the Fourth
     ing periods established in the national legislation and of        Chamber of the Court of First Instance of the European
     giving entitlement to the old-age pension, when, because          Communities in Case T-238/00 between (1) the International
     of the long period of unemployment which it is sought             and European Public Services Organisation (IPSO), (2) the
     to protect, it is absolutely impossible for that worker to        Union of Staff of the European Central Bank (U.S.E.) and the
     claim credit for retirement contributions other that those        European Central Bank was brought before the Court of Justice
     which have been invalidated by law, with the result that          of the European Communities on 1 July 2002 by the
     only workers who have exercised the right to freedom of           International and European Public Services Organisation
     movement are affected by that provision of national law           (IPSO), represented by Boris Karthaus, Rechtsanwalt, Roth
     and are unable to qualify for the national retirement             Rechtsanwälte, Eckenheimer Landstraße 38, D-60318 Frank-
     pension, despite the fact that, under Article 45 of               furt am Main, with an address for service at the offices of Marc
     the aforementioned (EEC) Regulation, those qualifying             Glesener, Chairman of the Association Luxembourgeoise des
     periods would have been regarded as completed?                    Employés des Banques et d’Assurances, 29 Avenue Monterey,
                                                                       B.P. 325, L-2013, Luxembourg.
                                                                       The appellant claims that the Court should:
2.   Do Article 12 and Articles 39 to 42 of the Treaty on
     European Union (Article 6 and Articles 48 to 52 of
     the Treaty establishing the European Community) and               1.    set aside the order of the Court of First Instance of
     Article 48(1) of Regulation (EEC) No 1408/71 of the                     18 April 2002 in Case T-238/00 (1), notified to the
     Council of 14 June 1971, preclude national provisions                   appellants on 26 April 2002;
     under which retirement contributions which the Orga-
     nismo Gestor del Seguro de Desempleo paid on behalf of            2.    annul the decision of the European Central Bank of 7 July
     a worker for the period during which she was receiving                  2000;
     certain unemployment benefits, are not taken into
     account for the purposes of considering whether ‘the              3.    order the European Central Bank to pay the costs of the
     total insurance or residence periods covered under the                  proceedings.
     legislation of that State amounts to one year’, when,
     because of the long period of unemployment which it is
     sought to protect, it is absolutely impossible for that
     worker to claim credit for retirement contributions
     other than those which fell due and were paid during              Pleas in law and main arguments
     unemployment, so that only workers who have exercised
     the right to freedom of movement are affected by that
     provision of national law and are unable to qualify for           In the contested order, the Court of First Instance incorrectly
     the national retirement pension, despite the fact that,           applied Community law by failing to observe the principle of
     under Article 48(1) of the aforementioned EEC Regu-               effective judicial protection (Articles 6 and 13 of ECHR and
     lation, the national Organismo Gestor could not be                the constitutional traditions of the Member States). It failed
     exempt from the obligation to award national benefits?            to observe the principle of effective judicial protection by
                                                                       incorrectly interpreting the expression ‘individual concern’ in
                                                                       paragraph four of Article 230 EC. The Court of First Instance
                                                                       defines the class of ‘all other persons’ too narrowly, by
                                                                       restricting it to trade unions and failing to take account of all
                                                                       other persons affected by the Conditions of Employment and
                                                                       Staff Rules and is therefore unable to see precisely what
                                                                       differentiates the applicants from ‘all other persons’, namely
                                                                       the fact that they are able to conclude collective agreements
 ---pagebreak--- 10.8.2002              EN                     Official Journal of the European Communities                                   C 191/23
(and to organise any necessary strikes to that end). Conse-                     Removal from the register of Case C-178/01 (1)
quently, a possible infringement of a fundamental right (the
freedom to form an association) cannot be examined by the                                       (2002/C 191/38)
Community judicature in precisely those cases where such an
infringement concerns, in a general and abstract manner, all
potential holders of the fundamental right, i.e. where it is             By order of 18 April 2002 the President of the Court of Justice
based on a legislative provision.                                        of the European Communities ordered the removal from the
                                                                         register of Case C-178/01: Commission of the European
(1) Not yet published in the European Court Report.                      Communities v Republic of Austria.
                                                                         (1) OJ C 212 of 28.7.2001.
       Removal from the register of Case C-357/00 (1)
                         (2002/C 191/37)
                                                                                Removal from the register of Case C-214/01 (1)
                                                                                                (2002/C 191/39)
By order of 16 April 2002 the President of the Sixth Chamber
of the Court of Justice of the European Communities ordered
the removal from the register of Case C-357/00 (Reference for
a preliminary ruling by the Verwaltungsgericht Bremen): Fikri            By order of 15 April 2002 the President of the Court of Justice
Akdenk v Stadtgemeinde Bremen.                                           of the European Communities ordered the removal from the
                                                                         register of Case C-214/01: Commission of the European
                                                                         Communities v Federal Republic of Germany.
(1) OJ C 355 of 9.12.2000.
                                                                         (1) OJ C 212 of 28.7.2001.