Action brought on 30 August 2004 by the Commission of the European Communities against the Italian Republic

(Case C-371/04)

(2004/C 273/28)

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 30 August 2004 by the Commission of the European Communities, represented by Gérard Rozet and Antonio Aresu, acting as Agents.

The applicant claims that the Court should:

Pleas in law and main arguments:

The Commission received complaints that, in calculating the appropriate professional remuneration, the relevant Italian authorities refused to take account of the professional experience or seniority which the complainants had acquired in another Member State.

In the light of the case-law of the Court of Justice, the Commission finds that the principle of equal treatment of Community workers laid down in Article 39 of the EC Treaty and Article 7(1) of Regulation No 1612/68 must be interpreted as meaning that the earlier periods of comparable occupation, acquired by Community workers in the public sector of another Member State, must be taken into consideration by the Italian administration in calculating the appropriate professional remuneration as if it were experience acquired in the Italian system.

The Commission therefore finds that the Italian Republic has failed to fulfil its obligations under Article 39 EC and Article 7(1) of Regulation No 1612/68.

The Commission also finds that the fact that the Italian authorities failed to reply to its requests for information has made more difficult the achievement of the Commission's tasks under the Treaty, in breach of the duty of cooperation under Article 10 EC.

(1)  OJ, English special edition, Series I 1968(II) p. 475.