Judgment of the Court (Fifth Chamber) of 22 February 2001 in Joined Cases C-52/99 and C-53/99 (reference for a preliminary ruling from the Cour du Travail de Liège (Belgium)): Office National des Pensions (ONP) v Gioconda Camarotto (C-52/99), Giuseppina Vignone (C-53/99) (Council Regulation (EEC) No 1408/71, as amended by Regulation (EEC) No 1248/92 — Social security Insurance relating to old age and death — Calculation of benefits — Changes to the rules governing calculation of benefits)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: Belgium, equal treatment, interpretation of the law, pension scheme, social security

16.6.2001

EN

Official Journal of the European Communities

C 173/11

services acquired by the transferor in order to effect the transfer have
a direct and immediate link with a clearly defined part of his economic
activities, so that the costs of those services form part of the overheads
of that part of the business, and all the transactions relating to that
part of the business are subject to value added tax, he may deduct all
the value added tax charged on his costs of acquiring those services.

(1) OJ C 1 of 4.1.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 22 February 2001

in Joined Cases C-52/99 and C-53/99 (reference for a
preliminary ruling from the Cour du Travail de Liège
(Belgium)): Office National des Pensions (ONP) v Giocon-
da Camarotto (C-52/99), Giuseppina Vignone (C-53/99) (1)

(Council Regulation (EEC) No 1408/71, as amended by
Regulation (EEC) No 1248/92 — Social security Insurance
relating to old age and death — Calculation of benefits —
Changes to the rules governing calculation of benefits)

1. Article 95a 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, as amended by
Council Regulation (EEC) No 1248/92 of 30 April 1992,
laying down transitional provisions for application of Regu-
lation No 1248/92, applies to recipients of pensions who,
before the date of entry into force of the amendments introduced
by the latter regulation, had already brought proceedings before
a national court seeking to obtain the right to the pension
by contesting the application of the national rules against
overlapping, even if a final decision in those proceedings had
not yet been given at the time of the entry into force of the new
provisions.

2.

It is for the national court to determine, first, whether its
national law requires an application for review to be made
either to the competent social security institution within the
period prescribed and in accordance with the relevant formal
requirements, or to the court itself according to the applicable
rules of procedure. Second, it is for that court to ensure that
those requirements are not less favourable than those governing
similar situations under domestic law and that they are not
such as to render impossible in practice or excessively difficult
the exercise of the rights conferred on claimants by Regulation
No 1408/71, as amended by Regulation No 1248/92.

(1) OJ C 100 of 10.4.1999.

(2001/C 173/17)

JUDGMENT OF THE COURT

(Language of the case: French)

(Second Chamber)

of 22 February 2001

(Provisional translation; the definitive translation will be published
in the European Court Reports)

in Case C-187/99 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo): Fazenda Pu´ blica v
Fa´brica de Queijo Eru Portuguesa Lda (1)

In Joined Cases C-52/99 and C-53/99: reference to the Court
under Article 177 of the EC Treaty (now Article 234 EC) from
the Cour du Travail de Liège (Higher Labour Court, Liège) for
a preliminary ruling in the proceedings pending before that
court between Office National des Pensions (ONP) and Giocon-
da Camarotto (C-52/99), Giuseppina Vignone (C-53/99) — on
the interpretation of Article 95a of Council Regulation (EEC)
No 1408/71 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 (OJ, English Special Edition 1971 (II), p. 416), as
amended by Council Regulation (EEC) No 1248/92 of 30 April
1992 (OJ 1992 L 136, p. 7) — the Court (Fifth Chamber),
composed of: A. La Pergola, President of
the Chamber,
D.A.O. Edward (Rapporteur) and P. Jann, Judges; S. Alber,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 22 February 2001,
in
which it has ruled:

(Inward processing relief arrangements — Regulation (EEC)
No 1999/85 — Rate of yield of the processing operation —
Authorisation issued by the competent customs authority —
Power of that authority unilaterally to alter the rate of yield)

(2001/C 173/18)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-187/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the the Supremo