Case C-436/05: Order of the Court (Fifth Chamber) of 6 October 2006 (reference for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — Lucien de Graaf, Gudula Daniels v Belgian State (Preliminary references — Inadmissibility)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: Belgium, free movement of workers, frontier worker, interpretation of the law, mutual assistance scheme, social-security contribution, tax relief

C 326/24

EN

Official Journal of the European Union

30.12.2006

Operative part of the judgment

The Court hereby orders:

The combined provisions of Articles 1(2) and 8(2) and (4) of Council
Directive 91/439/EEC of 29 July 1991 on driving licences, as
amended by Council Directive 97/26/EC of 2 June 1997, preclude a
Member State from refusing to recognise, on its territory, the right to
drive resulting from a driving licence issued in another Member State
and, accordingly, the validity of that licence so long as the holder of
that licence, whose previous licence in the territory of the first Member
State was withdrawn without a measure prohibiting the holder from
obtaining a new licence, has not complied with the conditions required
under the laws of that first Member State for the issuance of a new
licence following that withdrawal, including an examination of aptitude
to drive attesting that the grounds for that withdrawal are no longer
present.

(1) OJ C 296, 26.11.2005.

Order of the Court (Fifth Chamber) of 6 October 2006
(reference for a preliminary ruling from the Hof van
beroep te Antwerpen — Belgium) — Lucien de Graaf,
Gudula Daniels v Belgian State

system — Obligation to pay the contribution even where a
person is liable to pay contributions to a social security system
other than that of the State of residence — Whether compatible
with Article 39 EC

Operative part of the order

The reference for a preliminary ruling from the Hof van beroep te
Antwerpen, by decision of 29 November 2005, is inadmissible.

(1) OJ C 36 of 11.2.2006.

Reference for a preliminary ruling from the Sozialgericht
Berlin lodged on 24 February 2006 — Irene Werich v
Deutsche Rentenversicherung Bund

(Case C-111/06)

(2006/C 326/48)

Language of the case: German

(Case C-436/05) (1)

(Preliminary references — Inadmissibility)

(2006/C 326/47)

Referring court

Sozialgericht Berlin

Language of the case: Dutch

Parties to the main proceedings

Referring court

Hof van beroep te Antwerpen

Parties

Applicants: Lucien de Graaf, Gudula Daniels

Defendant: Belgian State

Re:

Reference for a preliminary ruling — Hof van beroep te
Antwerpen — Interpretation of Council Regulation (EEC) No
1408/71 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 (EC) No 118/97
of 2 December 1996 (OJ 1997 L 28, p. 1) — Material scope —
Whether applicable or not to a supplementary crisis contribu-
tion levied by a Member State to finance its social security

Applicant: Irene Werich

Defendant: Deutsche Rentenversicherung Bund

Question referred

social

security schemes

to employed persons,

Is the provision in point (1) of Annex VI. D.
(formerly C.)
Germany to Regulation (EEC) No 1408/71 (1) on the application
to self-
of
employed persons and to members of their families moving
within the Community (Regulation No 1408/71) compatible
with higher-ranking European law, in particular the principle of
freedom of movement and the principle of the exportability of
benefits under Article 42 of the Treaty establishing the Euro-
pean Community (EC Treaty),
inasmuch as it also rules out
pension benefits in respect of contribution periods for which
compulsory contributions were paid under the insurance legisla-
tion of the German Reich?

(1) OJ English Special Edition, Series I Chapter 1971(II) p. 416.