Freedom of Movement for Workers - Article 39(4) Ec
In Case C-47/02,
REFERENCE to the Court under Article 234 EC by the Schleswig-Holsteinisches Oberverwaltungsgericht (Germany) for a preliminary ruling in the proceedings pending before that court between
Albert Anker, Klaas Ras, Albertus Snoek
and
Bundesrepublik Deutschland, represented by the Wasser- und Schiffahrtsdirektion Nord, on the interpretation of Article 39(4) EC,
THE COURT,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporteur), R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas, Judges,
Advocate General: C. Stix-Hackl,
Registrar: M.-F. Contet, Principal Administrator, after considering the written observations submitted on behalf of:
- the appellants in the main proceedings, by P. Slabschi, Rechtsanwalt,
- the respondent in the main proceedings and the German Government, by W.-D. Plessing and M. Lumma, acting as Agents,
- the Danish Government, by J. Molde and J. Bering Liisberg, acting as Agents,
- the French Government, by G. de Bergues and C. Bergeot-Nunes, acting as Agents,
- the Commission of the European Communities, by D. Martin and H. Kreppel, acting as Agents,
having regard to the Report for the Hearing,
after hearing the oral observations of the appellants in the main proceedings, represented by P. Slabschi; of the respondent in the main proceedings, represented by B. Karsten, Regierungsrätin; of the German Government, represented by M. Lumma; of the French Government, represented by G. de Bergues and C. Bergeot-Nunes; and of the Commission, represented by I. Martínez del Peral, acting as Agent, and H. Kreppel, at the hearing on 21 January 2003,
after hearing the Opinion of the Advocate General at the sitting on 12 June 2003,
gives the following
Judgment
1. By order of 31
REFERENCE to the Court under Article 234 EC by the Schleswig-Holsteinisches Oberverwaltungsgericht (Germany) for a preliminary ruling in the proceedings pending before that court between
Albert Anker, Klaas Ras, Albertus Snoek
and
Bundesrepublik Deutschland, represented by the Wasser- und Schiffahrtsdirektion Nord, on the interpretation of Article 39(4) EC,
THE COURT,
composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet (Rapporteur), R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas, Judges,
Advocate General: C. Stix-Hackl,
Registrar: M.-F. Contet, Principal Administrator, after considering the written observations submitted on behalf of:
- the appellants in the main proceedings, by P. Slabschi, Rechtsanwalt,
- the respondent in the main proceedings and the German Government, by W.-D. Plessing and M. Lumma, acting as Agents,
- the Danish Government, by J. Molde and J. Bering Liisberg, acting as Agents,
- the French Government, by G. de Bergues and C. Bergeot-Nunes, acting as Agents,
- the Commission of the European Communities, by D. Martin and H. Kreppel, acting as Agents,
having regard to the Report for the Hearing,
after hearing the oral observations of the appellants in the main proceedings, represented by P. Slabschi; of the respondent in the main proceedings, represented by B. Karsten, Regierungsrätin; of the German Government, represented by M. Lumma; of the French Government, represented by G. de Bergues and C. Bergeot-Nunes; and of the Commission, represented by I. Martínez del Peral, acting as Agent, and H. Kreppel, at the hearing on 21 January 2003,
after hearing the Opinion of the Advocate General at the sitting on 12 June 2003,
gives the following
Judgment
1. By order of 31