Judgment of the Court (Second Chamber) 7 March 2002 in Case C-107/00 (Reference for a preliminary ruling from the Tribunal du Travail de Mons): Caterina Insalaca v Office national des pensions (ONP) (Social security — Articles 46 to 46c of Regulation (EEC) No 1408/71 — National rules against overlapping — Benefits of the same kind)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: interpretation of the law, pension scheme, survivor's benefit

4.5.2002

EN

Official Journal of the European Communities

C 109/9

Article 10 of Council Directive 75/442/EEC of 15 July 1975
on waste (OJ 1975 L 194, p. 39), as amended by Council
Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78,
p. 32), without making such exemption conditional upon
satisfaction of the requirements laid down by Article 3(2) of
Directive 91/689, the Italian Republic has failed to fulfil its
obligations under Article 11 of Directive 75/442, as amended
by Directive 91/156, and under Article 3 of Directive 91/689,
(Second Chamber), composed of: N. Colneric,
the Court
President of
the Chamber, R. Schintgen and V. Skouris
(Rapporteur), Judges; J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 21 February 2002, in
which it:

1. Declares that, by exempting undertakings and establishments
which carry out hazardous waste recovery operations covered by
Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste from the permit requirement laid down by
Article 10 of Council Directive 75/442/EEC of 15 July 1975
on waste, as amended by Council Directive 91/156/EEC of
18 March 1991, without making such exemption conditional
upon satisfaction of the requirements laid down by Article 3(2)
of Directive 91/689, the Italian Republic has failed to fulfil its
obligations under the combined provisions of Article 11 of
Directive 75/442, as amended by Directive 91/156, and
Article 3 of Directive 91/689;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT

(Second Chamber)

7 March 2002

in Case C-107/00 (Reference for a preliminary ruling from
the Tribunal du Travail de Mons): Caterina Insalaca v
Office national des pensions (ONP) (1)

(Social security — Articles 46 to 46c of Regulation (EEC)
No 1408/71 — National rules against overlapping —
Benefits of the same kind)

preliminary ruling in the proceedings pending before that
court between Caterina Insalaca and Office National des
Pensions (ONP), on the interpretation of Articles 46a and 46b
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, as amended and updated by
Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
1983 L 230, p. 6), as amended by Council Regulation (EEC)
No 1248/92 of 30 April 1992 (OJ 1992 L 136, p. 7), the
Court (Second Chamber), composed of: N. Colneric, President
of the Chamber, R. Schintgen (Rapporteur) and V. Skouris,
Judges; P. Léger, Advocate General; H. von Holstein, Deputy
Registrar, has given a judgment on 7 March 2002, in which it
has ruled:

1.

The legislation of a Member State governing the calculation of
a survival pension and establishing a restriction of the ceiling
fixed for the overlapping of a retirement and a survivor’s pension
where the surviving spouse can claim a survivor’s pension
payable by another Member State is a provision on reduction
within the meaning of Articles 46a and 46b 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, as amended and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983, as amended
by Council Regulation (EEC) No 1248/92 of 30 April 1992.

2. Articles 46a and 46b of Regulation No 1408/71 of 14 June
1971, as amended and updated by Regulation No 2001/83,
as amended by Regulation No 1248/92, preclude the appli-
cation of the legislation of a Member State containing a
provision against overlapping under which a survivor’s pension
received in that Member State must be reduced because of a
survivor’s pension acquired in another Member State, where the
benefits payable in application the legislation of
the first
Member State are less favourable than those determined in
application of Article 46 of that regulation.

(2002/C 109/13)

(Language of the case: French)

(1) OJ C 149 of 27.5.2000.

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

In Case C-107/00: Reference to the Court under Article 234
EC by the Tribunal du Travail de Mons (Belgium) for a