Judgment of the Court of 10 July 2003 in Case C-165/01 (Reference for a preliminary ruling from the Oberster Gerichtshof): Betriebsrat der Vertretung der Europäischen Kommission in Österreich v European Communities, Commission of the European Communities (Staff Regulations of Officials of the European Communities — Conditions of Employment of Other Servants — Local staff — Representation of the Commission in Austria — Applicability of national legislation concerning the representation of workers and defence of their interests)
Date: 2003-08-23
Institutions: Court of Justice
Subjects: Austria, interpretation of the law, labour law, occupational status, servant (EU), social legislation

C 200/6

EN

Official Journal of the European Union

23.8.2003

1. Article 22(1)(c) and (i) of Council Regulation (EEC) No 1408/
71 of 14 June 1971 on the application of social security
schemes to employed persons and their families moving within
the Community, as amended and updated by Council Regula-
tion (EEC) No 2001/83 of 2 June 1983 must be interpreted
as also applying to a pensioner and members of his family who
reside in a Member State other than the one which is liable for
payment of
that pension, and who benefit on that basis,
following their registration with the institution of the place of
residence,
that
regulation, where those socially insured persons wish to go to
the Member State liable for payment of the pension in order to
receive medical treatment there.

from the system laid down by Article 28 of

2.

to issue

institution competent

the prior authorisation
The
mentioned in the
the
application for authorisation concerns socially insured persons
in such a position is the institution of the place of residence of
the persons concerned.

said Article 22(1)(c) and (i) where

R.

Wathelet,

(Rapporteur)

and
Schintgen
M.
C. W. A. Timmermans (Presidents of Chambers), C. Gulmann,
D. A. O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
N. Colneric, S. von Bahr and J. N. Cunha Rodrigues, Judges;
L. A. Geelhoed, Advocate General; M.-F. Contet, Principal
the Registrar, has given a judgment on
Administrator,
10 July 2003, in which it has ruled:

for

Article 9 of and Annex II to the Staff Regulations of Official of the
European Communities and Article 79 of the Conditions of Employ-
ment of Other Servants of
the European Communities must be
interpreted as precluding the application to the local staff employed in
the representation of the Commission of the European Communities in
Vienna (Austria) of the Austrian legislation on labour relations in
establishments in Part II of the Bundesgesetz betreffend die Arbeitsver-
fassung (Arbeitsverfassungsgesetz) (Federal law on labour relations) of
13 December 1973.

(1) OJ C 200 of 14.7.2001.

(1) OJ C 200 of 14.7.2001.

JUDGMENT OF THE COURT

of 10 July 2003

in Case C-165/01 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Betriebsrat der Vertretung der
Europäischen Kommission in Österreich v European
the European Commu-
Communities, Commission of

nities (1)

(Staff Regulations of Officials of the European Communities
— Conditions of Employment of Other Servants — Local
staff — Representation of the Commission in Austria —
Applicability of national legislation concerning the represen-
tation of workers and defence of their interests)

JUDGMENT OF THE COURT

(First Chamber)

of 19 June 2003

in Case C-467/01 (reference for a preliminary ruling from
the Corte d'appello di Genova): Ministero delle Finanze v
Eribrand SpA (1)

(Export refunds — Articles 47 and 48 of Regulation (EEC)
No 3665/87 — Extension of time-limits)

(2003/C 200/11)

(Language of the case: Italian)

(2003/C 200/10)

(Language of the case: German)

(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)

(Austria)

In Case C-165/01: Reference to the Court under Article 234
EC by the Oberster Gerichtshof
for a preliminary
ruling in the proceedings pending before that court between
Betriebsrat der Vertretung der Europäischen Kommission in
the
Österreich and European Communities, Commission of
European Communities, on the interpretation of Article 9 of
and Annex II
the
European Communities and Article 79 of the Conditions of
Employment of Other Servants of the European Communities,
the Court, composed of: G. C. Rodríguez Iglesias, President,

to the Staff Regulations of Officials of

In Case C-467/01: reference to the Court under Article 234 EC
from the Corte d'appello di Genova (Italy) for a preliminary
ruling in the proceedings pending before that court between
formerly Eurico
Ministero delle Finanze and Eribrand SpA,
Italia SpA — on the interpretation of Articles 47 and 48 of
Commission Regulation (EEC) No 3665/87 of 27 November
1987 laying down common detailed rules for the application
of the system of export refunds on agricultural products (OJ
1987 L 351, p. 1), as amended by Commission Regulation (EC)
No 1829/94 of 26 July 1994 (OJ 1994 L 191, p. 5) — the
Court (First Chamber), composed of M. Wathelet, President of
the Chamber, P.
Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a
judgment on 19 June 2003, in which it held that:

Jann and A. Rosas

(Rapporteur),