Judgment of the Court (Third Chamber) of 10 March 1983. - Margherita Baccini v Office national de l'emploi (ONEM). - Reference for a preliminary ruling: Cour du travail de Mons - Belgium. - Case 232/82.
European Court reports 1983 Page 00583
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
1 . PRELIMINARY QUESTIONS - JURISDICTION OF THE COURT - LIMITS - JURISDICTION OF NATIONAL COURT - ASSESSMENT OF THE RELEVANCE OF THE QUESTIONS RAISED AND THE NECESSITY FOR A PRELIMINARY RULING
( EEC TREATY , ART . 177 )
2 . SOCIAL SECURITY FOR MIGRANT WORKERS - COMMUNITY RULES - PURPOSE - INVALIDITY INSURANCE - DECISION OF A NATIONAL INSTITUTION CONCERNING THE DEGREE OF INVALIDITY OF A WORKER - CONCEPT - DECISION RECOGNIZING INVALIDITY - INCLUSION - LATER DECISION ESTABLISHING THAT THERE IS NO INVALIDITY - EXCLUSION
( EEC TREATY , ARTS 48 AND 51 ; REGULATION NO 1408/71 OF THE COUNCIL , ART . 40 ( 4 ) AND REGULATION NO 574/72 OF THE COUNCIL )
Summary
1 . THE COURT MAY NOT IN THE FRAMEWORK OF THE PROCEDURE FOR A PRELIMINARY RULING GIVE A RULING ON THE APPLICATION OF PROVISIONS OF NATIONAL LAW OR ON THE RELEVANCE OF THE REQUEST FOR A PRELIMINARY RULING . AS REGARDS THE DIVISION OF JURISDICTION BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE TREATY , IT IS FOR THE NATIONAL COURT TO APPRECIATE , WITH FULL KNOWLEDGE OF THE MATTER BEFORE IT , THE RELEVANCE OF QUESTIONS OF LAW RAISED BY THE DISPUTE BEFORE IT AND THE NECESSITY FOR A PRE LIMINARY RULING SO AS TO ENABLE IT TO GIVE JUDGMENT .
2 . IN ACCORDANCE WITH ARTICLES 48 AND 51 OF THE TREATY , REGULATIONS NOS 1408/71 AND 574/72 OF THE COUNCIL ARE IN PARTICULAR INTENDED TO PREVENT THE MIGRANT WORKER , AS A RESULT OF HIS MIGRATION FROM ONE MEMBER STATE TO ANOTHER , FROM LOSING THE BENEFIT OF HIS PERIODS OF EMPLOYMENT AND THUS BEING PLACED AT A DISADVANTAGE IN RELATION TO THE POSITION IN WHICH HE WOULD HAVE BEEN IF HE HAD COMPLETED HIS ENTIRE CAREER IN ONLY ONE MEMBER STATE . FOR THAT PURPOSE THEY INTRODUCED A SYSTEM OF AGGREGATION OF ALL THE PERIODS OF EMPLOYMENT WHICH MAY THUS BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF ACQUIRING AND RETAINING THE RIGHT TO BENEFITS OF THE SAME KIND IN DIFFERENT MEMBER STATES AND FOR THE PURPOSE OF CALCULATING THE AMOUNT OF SUCH BENEFITS . BUT THE PURPOSE OF THOSE TEXTS IS NOT TO DETERMINE THE CONDITIONS FOR THE WITHDRAWAL OF SUCH BENEFITS AND THEY CANNOT HAVE THAT EFFECT .
ARTICLE 40 ( 4 ) OF REGULATION NO 1408/71 MUST THEREFORE BE INTERPRETED AS MEANING THAT ' ' THE DECISION . . . CONCERNING THE DEGREE OF INVALIDITY ' ' TO WHICH THAT PROVISION REFERS COVERS EXCLUSIVELY A DECISION RECOGNIZING INVALIDITY AND NOT A DECISION ESTABLISHING THAT THERE IS NO INVALIDITY AT A LATER DATE .
Parties
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