Case C-158/02: Reference for a preliminary ruling by the Tribunale di Roma by order of that Court of 5 April 2002 in the case of Lidia Marcaletti against Istituto nazionale della previdenza sociale (INPS)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: additional benefit, interpretation of the law, preliminary issue, social security

C 144/28

EN

Official Journal of the European Communities

15.6.2002

3) Must the person who acquired the specimen more than

50 years previously be the present owner?

4) Do the provisions on exemption in Article 32 of Regu-
lation No 1808/2001 (2) mean that no assessment by the
authority in accordance with Article 2(w) of Regulation
No 338/97 is required?

(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the
protection of species of wild fauna and flora by regulating trade
therein (OJ L 061 of 3.3.1997, p. 1).

(2) Commission Regulation (EC) No 1808/2001 of 30 August 2001
laying down detailed rules concerning the implementation of
Council Regulation (EC) No 338/97 on the protection of species
of wild fauna and flora by regulating trade therein (OJ L 250 of
19.9.2001, p. 1).

— point H(e) of that annex (relating to Italy)

includes,
amongst the benefits under the Italian system which are
subject to residence requirements, benefits supplementing
the minimum pension;

— benefits supplementing the minimum pension do not
possess the characteristics of an autonomous benefit, but
must instead be regarded as an integral element of the
benefit to be awarded,

— the Court of Justice is requested to give a preliminary
ruling on the validity of Annex IIa of Regulation No 1408/
71, inasmuch as it includes amongst the ‘non-exportable’
benefits listed in point H(e) (relating to Italy) the sup-
plement to the minimum pension as provided for by the
Italian legislation;

in other words, a ruling is requested on the question whether
that annex is compatible with Articles 39 and 42 of the EC
Treaty inasmuch as it precludes the exportability not of a
special non-contributory benefit but rather of an element of a
contributory benefit (in this case, an old-age pension) which
cannot be subject to any residence requirement.

(1) OJ L 149 of 5.7.1971, p. 2.
(2) OJ L 136 of 19.5.1992, p. 1.

Reference for a preliminary ruling by the Tribunale di
Roma by order of that Court of 5 April 2002 in the
case of Lidia Marcaletti against Istituto nazionale della
previdenza sociale (INPS)

(Case C-158/02)

(2002/C 144/47)

Action brought on 2 May 2002 by the Kingdom of Spain
against the Commission of the European Communities

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Roma
(Rome District Court) of 5 April 2002, received at the Court
Registry on 29 April 2002, for a preliminary ruling in the case
of Lidia Marcaletti against Istituto nazionale della previdenza
(National Social Welfare Institution) on the
sociale (INPS)
following questions: Whereas:

— Article 4 of Regulation (EEC) No 1408/71 (1) lists the
benefits from amongst the various branches of social
security which fall within the substantive scope of that
regulation;

— Article 1(t) sets out a Community definition of the terms

‘benefits’ and ‘pensions’;

— Annex IIa, introduced by Regulation No 1247/92 (2) of
30 April 1992, refers to the special non-contributory
benefits which are subject to residence conditions;

(Case C-165/02)

(2002/C 144/48)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 2 May 2002 by the Kingdom of Spain,
represented by Rosario Silva de Lapuerta, Abogado del Estado,
with an address for service in Luxembourg at the Spanish
Embassy, 4-6, boulevard E. Servais.

The applicant claims that the Court should:

— annul Commission Regulation (EC) No 494/2002 (1) of
19 March 2002 establishing
technical
measures for the recovery of the stock of hake in ICES
sub-areas III, IV, V, VI and VII and ICES divisions VIII a,
b, d, e;

additional

— order the defendant institution to pay the costs.