Case C-30/04: Reference for a preliminary ruling by the Tribunale di Bolzano by order of that Court of 9 January 2004 in the case of Koschitzki Ursel against Istituto Nazionale della Previdenza Sociale (INPS)
Date: 2004-04-03
Institutions: Court of Justice
Subjects: Italy, free movement of workers, interpretation of the law, pension scheme, social-security benefit, social-security harmonisation

3.4.2004

EN

Official Journal of the European Union

C 85/15

Reference for a preliminary ruling by the Dioikitiko
Protodikeio Athens by order of that Court of 30 Septem-
ber 2003 in the case of Sphakianakis AEBE against
Hellenic Republic

Italian pro rata pension must be the unaugmented notional
pension (non-supplemented theoretical amount) where the
pensioner’s income exceeds the limits laid down by Italian law
for entitlement to the supplement to bring the pension up to
the statutory minimum amount?

(Case C-25/04)

(2004/C 85/23)

(1) English special edition: Series I Chapter 1971(II) P. 0416.

Reference has been made to the Court of Justice of the
European Communities by order of the Dioikitiko Protodikeio
Athens (Administrative Court of First Instance) of 30 Septem-
ber 2003, received at the Court Registry on 26 January 2004,
for a preliminary ruling in the case of Sphakianakis AEBE
against Hellenic Republic on the following questions:

The questions in this case are identical to those in Case C-23/
04.

Reference for a preliminary ruling by the Tribunale di
Bolzano by order of that Court of 9 January 2004 in the
case of Koschitzki Ursel against Istituto Nazionale della
Previdenza Sociale (INPS)

(Case C-30/04)

(2004/C 85/24)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bolzano
of 9 January 2004, received at the Court Registry on 28 January
2004, for a preliminary ruling in the case of Koschitzki Ursel
against Istituto Nazionale della Previdenza Sociale (INPS) on
the following question:

In the light of Article 42 of the EC Treaty (as amended by the
Treaties of Amsterdam and of Nice), which requires the
adoption of appropriate measures in the field of social security
for the implementation of the free movement of workers, can
Article 46(2)(b) of Regulation No 1408/71 (1) be interpreted
as meaning that the basis of calculation of the Italian pro rata
pension must always be the notional pension, supplemented
to bring it up to the statutory minimum pension, even if the
income limits laid down by Italian law for bringing the pension
up to the statutory minimum have been exceeded (Article 6 of
Law No 638/83, amended by Article 4 of Legislative Decree
No 503/92), or, on the other hand, must Article 46(2)(b) be
interpreted as meaning that the basis of calculation of the

Reference for a preliminary ruling by the Korkein oikeus
(Finland) by order of that Court of 30 January 2004 in the
case of Syuichi Yonemoto against Virallinen syyttäjä
(Public Prosecutor) and Raine Pentti Pöyry

(Case C-40/04)

(2004/C 85/25)

Reference has been made to the Court of Justice of the
European Communities by order of
the Korkein oikeus
(Finland) (Supreme Court) of 30 January 2004, received at the
Court Registry on 3 February 2004, for a preliminary ruling in
the case of Syuichi Yonemoto against Virallinen syyttäjä (Public
Prosecutor) and Raine Pentti Pöyry on the following questions:

(1) What sort of limits does Community law, having regard
to Council Directive 98/37/EC (1) and
in particular
Articles 28 EC and 30 EC, lay down for the obligations
which may be imposed in national law on the importer
(or other distributor) of a machine bearing the CE
marking in relation to the characteristics of the machine
which concern safety

— before the onward sale of the machine and

— afterwards?

(2) Clarification is hoped for in particular as to:

(a)

the extent to which and the conditions under which
the obligations of action or supervision in relation
the machine imposed on the
to the safety of
importer (or other distributor) of a machine bearing
the CE marking may be regarded as permitted from
the point of view of Community law;

(b) whether and in what way the assessment in relation
to Community law of the obligations imposed on
the importer (or other distributor) depends on what
sort of defects relating to the safety of the machine
are concerned;