Order of the Court (Third Chamber) of 5 October 2000 in Case C-3/98 (reference for a preliminary ruling from the Hof van Beroep te Gent): criminal proceedings against Dany Schacht and Others (Article 104(3) of the Rules of Procedure — Question identical to one on which the Court has already ruled)
Date: 2001-03-10
Institutions: Court of Justice
Subjects: interpretation of the law, migrant worker, pay, self-employment, social security, temporary employment

10.3.2001

EN

Official Journal of the European Communities

C 79/9

ORDER OF THE COURT

ORDER OF THE COURT

(Third Chamber)

of 5 October 2000

in Case C-3/98 (reference for a preliminary ruling from
the Hof van Beroep te Gent): criminal proceedings against
Dany Schacht and Others (1)

(Fourth Chamber)

of 6 October 2000

(Article 104(3) of the Rules of Procedure — Question
identical to one on which the Court has already ruled)

in Case C-49/99 P: Associazione Nazionale Bieticoltori
(ANB) and Others v Council of the European Union (1)

(2001/C 79/16)

(Language of the case: Dutch)

(Appeal — Aid to sugar-beet producers — Abolition —
2001/2002 marketing year — Appeal clearly inadmissible
and unfounded)

In Case C-3/98: reference to the Court under Article 234 EC
(formerly Article 177 of the EC Treaty) from the Hof van
Beroep te Gent (Belgium) for a preliminary ruling in the
criminal proceedings pending before that court against Dany
Schacht and Others on the interpretation of Article 1(a)(i) and
Article 14a(1)(a) of Regulation (EEC) No 1408/71 of the
Council of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and
to members of their families moving within the Community,
in the version thereof amended and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983
L 230, p. 6) and subsequently by Council Regulation (EEC)
No 3811/86 of 11 December 1986 (OJ 1986 L 355, p. 5) —
the Court (Third Chamber), composed of: J.C. Moitinho de
Almeida (Rapporteur), President of the Chamber, C. Gulmann
and J.-P. Puissochet,
Judges; S. Alber, Advocate General;
R. Grass, Registrar, has made an order on 5 October 2000, the
operative part of which is as follows:

1.

The term ‘work’ appearing in Article 14a(1) (a) of Regulation
(EEC) No 1408/71 of the Council of 14 June 1971 on the
application of social security schemes to employed persons, to
self-employed persons and to members of their families moving
within the Community, in the version thereof amended and
updated by Council Regulation (EEC) No 2001/83 of 2 June
1983 and subsequently by Council Regulation (EEC) No
3811/86 of 11 December 1986, means any work performed
on an employed or self-employed basis.

2. As long as it is not withdrawn or declared invalid, an E 101
certificate issued pursuant to Article 11a of Regulation (EEC)
No 574/72 of the Council of 21 March 1972 fixing the
procedure for implementing Regulation (EEC) No 1408/71,
in the version thereof amended and updated by Regulation No
2001/83 and subsequently by Regulation No 3811/86, is
binding on the competent institution of the Member State to
which a self-employed worker goes in order to perform work
and on the person who avails himself of the services of that
worker.

(1) OJ C 72 of 7.3.1998.

(2001/C 79/17)

(Language of the case: Italian)

In Case C-49/99 P: Associazione Nazionale Bieticoltori (ANB),
established in Rome (Italy), Francesco Coccia, residing in
Manfredonia (Italy), and Vincenzo Di Giovine, residing in
Lucera (Italy), represented by L.F. Paolucci and G.P. Galletti, of
the Bologna Bar, with an address for service in Luxembourg at
the Chambers of A. Kronshagen, 22 Rue Marie-Adélaïde —
appeal against the order of the Court of First Instance of the
European Communities (Fourth Chamber, Extended Compo-
sition) of 8 December 1998 in Case T-38/98 ANB and Others
v Council [1998] ECR II-4191, seeking to have that order set
aside, the other party to the proceedings being the Council of
the European Union (Agents: J. Carbery and I. Dı´ez Parra) —
the Court (Fourth Chamber), composed of: D.A.O. Edward,
President of the Chamber, P.J.G. Kapteyn (Rapporteur) and
A. La Pergola, Judges; G. Cosmas, Advocate General; R. Grass,
Registrar, has made an order on 6 October 2000, the operative
part of which is as follows:

1.

2.

The appeal is dismissed;

The Associazione Nazionale Bieticoltori, Mr Coccia and Mr Di
Giovine are ordered to pay the costs.

(1) OJ C 100 of 10.4.1999.