Judgment of the Court 19 March 2002 in Joined Cases C-393/99 and C-394/99 (Reference for a preliminary ruling from the Tribunal du travail de Tournai): Institut national d'assurances sociales pour travailleurs indépendants (Inasti) v Claude Hervein, Hervillier SA (C-393/99), Guy Lorthiois, Comtexbel SA (C-394/99) (Freedom of movement for workers and freedom of establishment — Social security — Determination of the legislation applicable — Persons who are simultaneously employed and self-employed in the territory of different Member States — Cover by the social security legislation of each of those States — Validity of Article 14c(1)(b), now Article 14c(b), of and Annex VII to Regulation (EEC) No 1408/71)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: family benefit, interpretation of the law, self-employment, social security, wage earner, worker (EU)

18.5.2002

EN

Official Journal of the European Communities

C 118/5

1. Declares that:

— by failing to adopt all the measures necessary to implement
Articles 4(1), second subparagraph, 4(2), 11(k), seventh
indent, and 14 of Council Directive 85/384/EEC of
10 June 1985 on the mutual recognition of diplomas,
certificates and other evidence of formal qualifications in
architecture, including measures to facilitate the effective
exercise of the right of establishment and freedom to
provide services, as amended by Council Directive 86/17/
EEC of 27 January 1986 amending, on account of the
accession of Portugal, Directive 85/384,

— by failing to adopt all the measures necessary to implement
the automatic recognition of diplomas, certificates and
other evidence of formal qualifications in accordance with
Articles 2, 3, 7, 8 and 9 of Directive 85/384,

— by adopting Article 4(2)(a) of Legislative Decree No 129
of the President of the Republic of 27 January 1992
which, in breach of Articles 52 and 59 of the EC Treaty
(now, after amendment, Articles 43 EC and 49 EC), lays
down a general requirement that
the application for
recognition of a qualification be accompanied by the
original diploma or a certified copy thereof,

— by adopting Article 4(2)(c) of Decree No 129/92 and
Article 4(1)(c) of Decree No 776 of the Minister for
Universities and Scientific and Technological Research of
10 June 1994 which, in breach of Article 52 of the
Treaty, lay down a general requirement that the appli-
cation for recognition of a qualification be accompanied
by a certificate of nationality,

— by adopting Article 4(3) of Decree No 129/92 and
Article 10 of Decree No 776/94 which, in breach of
Article 52 of the Treaty, require as a matter of course an
official
translation of all documents attached to an
application for recognition of a qualification,

— by requiring, under Article 9(3) of Decree No 129/92
and Articles 7 and 8 of Decree No 776/94, architects
established in other Member States who wish to provide
services in Italy to register with the local provincial council
of the professional body for architects and by delaying, by
that formality, in breach of Article 22 of Directive 85/
384, the provision by architects of their first services in
Italy,

the Italian Republic has failed to fulfil its obligations under
Articles 12, 22, 27 and 31 of Directive 85/384 and, in
respect of the prohibition under Article 9(1) of Decree No 129/
92, under Article 59 of the Treaty;

2. Dismisses the application as to the remainder;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

19 March 2002

in Joined Cases C-393/99 and C-394/99 (Reference for a
preliminary ruling from the Tribunal du travail de Tour-
nai): Institut national d’assurances sociales pour travail-
leurs indépendants (Inasti) v Claude Hervein, Hervillier
SA (C-393/99), Guy Lorthiois, Comtexbel SA (C-394/
99) (1)

(Freedom of movement for workers and freedom of establish-
ment — Social security — Determination of the legislation
applicable — Persons who are simultaneously employed and
self-employed in the territory of different Member States —
Cover by the social security legislation of each of those States
— Validity of Article 14c(1)(b), now Article 14c(b), of and
Annex VII to Regulation (EEC) No 1408/71)

(2002/C 118/07)

(Language of the case: French)

— by adopting Article 11(1)(c) and (d) of Decree No 129/
92 which, in breach of Article 12 of Directive 85/384,
provides for the recognition of qualifications acquired after
5 August 1987,

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

— by retaining Article 9(1) of Decree No 129/92 which, in
breach of Article 59 of the Treaty, imposes a general
prohibition on architects established in other Member
States who wish to provide services in Italy from creating
on Italian territory a principal or secondary place of
business,

In Joined Cases C-393/99 and C-394/99: Reference to the
Court under Article 234 EC by the Tribunal du travail, Tournai
(Belgium), for a preliminary ruling in the proceedings pending
before that court between Institut national d’assurances socia-
les pour travailleurs indépendants (Inasti) and Claude Hervein,
Hervillier SA (C-393/99), Guy Lorthiois, Comtexbel SA
(C-394/99), on the validity of Article 14c(1)b, now
to Regulation (EEC)
Article 14c(b), of and Annex VII

C 118/6

EN

Official Journal of the European Communities

18.5.2002

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 and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230,
p. 6), and as amended by Council Regulation (EEC) No 3811/
86 of 11 December 1986 (OJ 1986 L 355, p. 5), the Court,
Jann,
composed of: G.C. Rodrı´guez Iglesias, President, P.
F. Macken and N. Colneric (Presidents of Chambers), C. Gul-
mann, D.A.O. Edward, J.-P. Puissochet (Rapporteur), M. Wathe-
let and V. Skouris, Judges; F.G. Jacobs, Advocate General;
H. von Holstein, Deputy Registrar, has given a judgment on
19 March 2002, in which it has ruled:

Examination of the questions referred has not disclosed any factor of
such a kind as to affect the validity:

— of Article 14c(1)(b) of and Annex VII to Regulation 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 and updated by Council Regulation (EEC)
No 2001/83 of 2 June 1983.

JUDGMENT OF THE COURT

(Fifth Chamber)

21 March 2002

in Case C-451/99 (Reference for a preliminary ruling from
the Handelsgericht Wien): Cura Anlagen GmbH v Auto
Service Leasing GmbH (ASL) (1)

(Vehicle leasing — Prohibition on using in a Member State
for longer than a certain time a vehicle registered in another
Member State — Obligations to register the vehicle and to
pay a consumption tax in the Member State of use —
Obligation to insure with an insurer authorised in the
Member State of use — Obligation to undergo roadworthi-
ness testing — Restrictions on the freedom to provide
services — Justifications)

(2002/C 118/08)

(Language of the case: German)

— of Article 14(b) of and Annex VII to that regulation, as
amended by Council Regulation (EEC) No 3811/86 of
11 December 1986.

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

However, it is, where appropriate, for the national court hearing
disputes in the context of the application of that provision, first, to
ascertain that the legislation of the States concerned applied in that
context is applied in accordance with Articles 48 and 52 of the
Treaty (now, after amendment, Articles 39 EC and 43 EC), and in
particular that the national legislation whose conditions for appli-
cation are at issue does afford social security cover for the person
concerned, and, second, to determine whether that provision should,
exceptionally, be disapplied at the request of the worker concerned
where it would cause him to lose a social security advantage which he
originally enjoyed under a social security convention in force between
two or more Member States.

In Case C-451/99: Reference to the Court under Article 234
EC by the Handelsgericht Wien (Austria) for a preliminary
ruling in the proceedings pending before that court between
Cura Anlagen GmbH and Auto Service Leasing GmbH (ASL),
on the interpretation of Articles 49 EC to 55 EC and Article 28
EC,the Court (Fifth Chamber), composed of: S. von Bahr,
President of the Fourth Chamber, acting for the President of
the Fifth Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet
(Rapporteur) and C.W.A. Timmermans, Judges; F.G. Jacobs,
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 21 March 2002, in which it has ruled:

(1) OJ C 366 of 18.12.1999.

issue in the main proceedings,

The provisions of the EC Treaty on the freedom to provide services
(Articles 49 EC to 55 EC) preclude legislation of a Member State,
such as that at
requiring an
undertaking established in that Member State which takes a lease of
a vehicle registered in another Member State to register it in the first
Member State in order to be able to use it there beyond a period that
is so short, in this case three days, that it makes it impossible or
excessively difficult to comply with the requirements imposed. The
same provisions of the Treaty preclude legislation of a Member State,
such as that at
requiring an
undertaking established in that Member State which takes a lease of

issue in the main proceedings,