Judgment of the Court 15 January 2002 in Case C-55/00 (Reference for a preliminary ruling from the Tribunale ordinario di Roma): Elide Gottardo v Istituto nazionale della previdenza sociale (INPS) (Reference for a preliminary ruling — Articles 12 EC and 39(2) EC — Old-age benefits — Social security convention concluded between the Italian Republic and the Swiss Confederation — Refusal to take account of periods of insurance completed by a French national in Switzerland)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: EU national, Italy, interpretation of the law, pension scheme, social security

C 84/22

EN

Official Journal of the European Communities

6.4.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

15 January 2002

in Case C-55/00 (Reference for a preliminary ruling from
the Tribunale ordinario di Roma): Elide Gottardo v
Istituto nazionale della previdenza sociale (INPS) (1)

(Reference for a preliminary ruling — Articles 12 EC and
39(2) EC — Old-age benefits — Social security convention
concluded between the Italian Republic and the Swiss
Confederation — Refusal to take account of periods of
insurance completed by a French national in Switzerland)

(Sixth Chamber)

30 January 2002

in Case C-103/00: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 92/43/EEC — Conservation of natural habitats
and of wild fauna and flora — Protection of species)

(2002/C 84/34)

(Language of the case: Italian)

(2002/C 84/35)

(Language of the case: Greek)

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

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

In Case C-55/00: reference to the Court under Article 234 EC
by the Tribunale ordinario di Roma (Italy) for a preliminary
ruling in the proceedings pending before that court between
Elide Gottardo and Istituto nazionale della previdenza sociale
(INPS) on the interpretation of Articles 12 EC and 39(2) EC,
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
F. Macken and S. von Bahr (Presidents of Chambers), C. Gul-
mann, D.A.O. Edward (Rapporteur), A. La Pergola, L. Sevo´ n,
and
J.N. Cunha Rodrigues
M. Wathelet, V. Skouris,
C.W.A. Timmermans,
Judges, Advocate General: D. Ruiz-
Jarabo Colomer, Registrar: L. Hewlett, Administrator, has given
a judgment on 15 January 2002, in which it has ruled:

to

pursuant

obligations

their Community

The competent social security authorities of one Member State are
required,
under
Article 39 EC, to take account, for purposes of acquiring the right to
old-age benefits, of periods of insurance completed in a non-member
country by a national of a second Member State in circumstances
where, under identical conditions of contribution, those competent
authorities will take into account such periods where they have been
completed by nationals of the first Member State pursuant to a
bilateral international convention concluded between that Member
State and the non-member country.

(1) OJ C 122 of 29.4.2000.

In Case C-103/00, Commission of the European Communities
(Agents: R. Wainwright and P. Panayotopoulos) v Hellenic
Republic (Agents: A. Samoni-Rantou and P. Skandalou): Appli-
cation for a declaration that, by failing to adopt or, in the
alternative, to notify to the Commission, within the prescribed
time-limit, the requisite measures to establish and implement
an effective system of strict protection for the sea turtle Caretta
caretta on Zakinthos (Greece) so as to avoid any disturbance
of the species during its breeding period and any activity which
might bring about deterioration or destruction of its breeding
sites, the Hellenic Republic has failed to fulfil its obligations
under the EC Treaty and under Article 12(1)(b) and (d)
of Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora
(OJ 1992 L 206, p. 7), the Court (Sixth Chamber), composed
of: F. Macken, President of the Chamber, C. Gulmann (Rappor-
teur), J.-P. Puissochet, R. Schintgen and J.N. Cunha Rodrigues,
Judges, Advocate General: P. Léger, Registrar: L. Hewlett,
Administrator, has given a judgment on 30 January 2002, in
which it:

1. Declares that by failing to take, within the prescribed time-
limit, the requisite measures to establish and implement an
effective system of strict protection for the sea turtle Caretta
caretta on Zakinthos so as to avoid any disturbance of the
species during its breeding period and any activity which might
bring about deterioration or destruction of its breeding sites, the
Hellenic Republic has failed to fulfil
its obligations under
Article 12(1)(b) and (d) of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of
wild fauna and flora;