Judgment of the Court (Second Chamber) of 8 July 2004 in Joined Cases C-502/01 and C-31/02 (reference for a preliminary ruling from the Sozialgericht Hannover and the Sozialgericht Aachen): Silke Gaumain-Cerri v Kaufmännische Krankenkasse-Pflegekasse, and Maria Barth v Landesversicherungsanstalt Rheinprovinz (Social security — Freedom of movement for workers — EC Treaty — Council Regulation (EEC) No 1408/71 — Benefits designed to cover the risk of becoming reliant on care — Payment by the care insurance of old age insurance contributions of the carer assisting the reliant person)
Date: 2004-08-28
Institutions: Court of Justice
Subjects: interpretation of the law, legal domicile, pension scheme, social legislation, social-security benefit, social-security contribution, worker (EU)

28.8.2004

EN

Official Journal of the European Union

C 217/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Grand Chamber)

of 29 June 2004

in Case C-486/01 P:

Front National v European

Parliament (1)

(Appeal — Statement of formation of a group within the
meaning of Rule 29(1) of the Rules of Procedure of the Euro-
pean Parliament — Lack of political affinities — Retroactive
dissolution of the TDI Group — Cross-appeal — Interpreta-
tion of the fourth paragraph of Article 230 EC — Meaning
of decision of ‘direct and individual’ concern to a natural or
legal person — Inadmissibility of action brought by a
national political party)

(2004/C 217/01)

(Language of the case: French)

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

the European Communities

In Case C-486/01 P: Front National, established at Saint-Cloud
(France)
(avocats: F. Wagner and V. de Poulpiquet de Bres-
canvel) — appeal against the judgment of the Court of First
Instance of
(Third Chamber,
Extended Composition) of 2 October 2001 in Joined Cases T-
222/99, T-327/99 and T-329/99 Martinez and Others v Parlia-
ment [2001] ECR II-2823, seeking to have that judgment set
the other party to the proceedings being: European
aside,
Parliament (Agents: G. Garzón Clariana, J. Schoo and H. Krück)
— the Court (Grand Chamber), composed of: V. Skouris, Presi-
dent, P. Jann, C.W.A. Timmermans (Rapporteur), A. Rosas, J.-
P. Puissochet and J.N. Cunha Rodrigues (Presidents of Cham-
bers), R. Schintgen, F. Macken, N. Colneric, S. von Bahr and R.
Silva de Lapuerta, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; M. Múgica Arzamendi, Principal Administrator, for the
Registrar, has given a judgment on 29 June 2004, in which it:

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 2 October 2001 in Joined Cases T-222/
99, T-327/99 and T-329/99 Martinez and Others v Parliament
in so far as it declared admissible the action brought by the Front
National (Case T-327/99);

2. Dismisses as

the action brought by the Front
National for annulment of the European Parliament's Decision of

inadmissible

14 September 1999 concerning the interpretation of Rule 29(1)
of the Parliament's Rules of Procedure and dissolving with retroac-
tive effect the ‘Groupe technique des députés indépendants (TDI) –
Groupe mixte’;

3. Finds that there is no longer any need to adjudicate on the appeal
brought by the Front National against the judgment referred to in
paragraph 1 of the operative part of this judgment;

4. Orders the Front National to pay the costs incurred by the Euro-
pean Parliament both in these proceedings and in the proceedings
for interim measures.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 8 July 2004

in Joined Cases C-502/01 and C-31/02 (reference for a
preliminary ruling from the Sozialgericht Hannover and
the Sozialgericht Aachen): Silke Gaumain-Cerri v Kauf-
männische Krankenkasse-Pflegekasse, and Maria Barth v
Landesversicherungsanstalt Rheinprovinz (1)

(Social security — Freedom of movement for workers — EC
Treaty — Council Regulation (EEC) No 1408/71 — Benefits
designed to cover the risk of becoming reliant on care —
Payment by the care insurance of old age insurance contribu-
tions of the carer assisting the reliant person)

(2004/C 217/02)

(Language of the case: German)

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

In Joined Cases C-502/01 and C-31/02: Reference to the Court
under Article 234 EC from the the Sozialgericht Hannover

C 217/2

EN

Official Journal of the European Union

28.8.2004

(Germany) (C-502/01) and the Sozialgericht Aachen (Germany)
(C-31/02) for a preliminary ruling in the proceedings pending
before that court between Silke Gaumain-Cerri and Maria Barth
and Kaufmännische Krankenkasse-Pflegekasse, and Landesversi-
cherungsanstalt Rheinprovinz — on the interpretation of the
provisions of
the EC Treaty and of secondary legislation
relating to freedom of movement of Union citizens and in par-
ticular of Council Regulation (EEC) No 1408/71 on the applica-
tion 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 Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —
the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, J.-P. Puissochet (Rapporteur),
R. Schintgen, F. Macken and N. Colneric, Judges; A. Tizzano,
Advocate General; R. Grass, Registrar, has given a judgment on
8 July 2004 in which it has ruled:

insurance

contributions of

1. A benefit such as the payment, by the body providing care insur-
ance, of old age
the third party
providing care in the home of a reliant person in the circumstances
of the cases in the main proceedings constitutes a sickness benefit
to the advantage of the reliant person covered by Council Regu-
lation (EEC) No 1408/71 on the application of social security
to self-employed persons and to
schemes to employed persons,
members of
families moving within the Community as
their
amended and updated by Regulation (EC) No 118/97 of 2
December 1996.

2. So far as concerns benefits such as those under German care insur-
the cases in the main
ance accorded in the circumstances of
proceedings to an insured person resident on the territory of the
competent State or to a person resident on the territory of another
Member State and covered by that insurance as a member of the
family of a worker, the Treaty, in particular Article 17 EC, and
Regulation No 1408/71, as amended and updated by Regulation
No 118/97, preclude payment of the old age insurance contribu-
tions of a national of a Member State in the position of the third
party caring for the recipient of those benefits being refused by the
competent institution on the ground that that third party or the
aforementioned recipient resides in a Member State other than the
competent State.

JUDGMENT OF THE COURT

(Full Court)

of 29 June 2004

in Case C-110/02: Commission of the European Commu-
nities v Council of the European Union (1)

(Aid granted by the Portuguese Government to pig farmers
— Aid intended to allow the repayment of aid declared
incompatible with the common market — Council decision
declaring such aid compatible with the common market —
Illegality — Third subparagraph of Article 88(2) EC)

(2004/C 217/03)

(Language of the case: French)

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

In Case C-110/02: Commission of the European Communities
(Agents: F. Santaolalla Gadea, D. Triantafyllou and V. Di Bucci)
v Council of
J. Carbery and
the European Union (Agents:
F. Florindo Gijón) supported by Portuguese Republic (Agent:
L. Fernandes and I. Palma) and French Republic (Agent: G. de
Bergues and F. Million) — application for the annulment of
Council Decision 2002/114/EC of 21 January 2002 authorising
the Government of Portugal to grant aid to Portuguese pig
farmers who were beneficiaries of the measures granted in
1994 and 1998 (OJ 2002 L 43, p. 18) — the Court (Full
Court),
Jann,
C.W.A. Timmermans, A. Rosas, C. Gulmann, J.-P. Puissochet
and J.N. Cunha Rodrigues, Presidents of Chambers, A. La
Pergola, R. Schintgen, F. Macken, N. Colneric, S. von Bahr and
K. Lenaerts (Rapporteur), Judges; F.G. Jacobs, Advocate General;
R. Grass, Registrar, has given a judgment on 29 June 2004, in
which it:

composed of: V.

President,

Skouris,

P.

1. Annuls Council Decision 2002/114 /EC of 21 January 2002
authorising the Government of Portugal to grant aid to Portuguese
pig farmers who were beneficiaries of the measures granted in
1994 and 1998;

2. Orders the Council of the European Union to pay the costs;

3. Orders the Portuguese Republic and the French Republic to bear

their own costs.

(1) OJ C 84 of 6.4.2002.

OJ C 109 of 4.5.2002.

(1) OJ C 131 of 1.6.2002.