CELEX: C1998/113/08
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 February 1998 in Case C-366/96 (reference for a preliminary ruling from the Tribunal du Travail, Charleroi): Louisette Cordelle v. Office National des Pensions (ONP) (Social security - Articles 12(2) and 46a of Regulation (EEC) No 1408/71 - National rules against overlapping - Benefits of the same kind)

11.4.98               EN                  Official Journal of the European Communities                                      C 113/3
(such as the automatic renewal of the letting agreement)                            JUDGMENT OF THE COURT
suggest that the duration stated in the letting agreement
does not reflect the parties' true intention, in which case                                 (Fifth Chamber)
the actual total duration of the accommodation, rather                                    of 12 February 1998
than that specified in the letting agreement, would have to
be taken into consideration.                                         in Case C-366/96 (reference for a preliminary ruling from
                                                                     the Tribunal du Travail, Charleroi): Louisette Cordelle v.
(1) OJ C 351, 30.12.1995.
                                                                                Office National des Pensions (ONP) (1)
(2) OJ L 145, 13.6.1977, p. 1.
                                                                     (Social security Ð Articles 12(2) and 46a of Regulation
                                                                     (EEC) No 1408/71 Ð National rules against overlapping
                                                                                      Ð Benefits of the same kind)
                                                                                             (98/C 113/08)
               JUDGMENT OF THE COURT
                                                                                     (Language of the case: French)
                        (Fifth Chamber)
                     of 12 February 1998
in Case C-163/96 (reference for a preliminary ruling                   (Provisional translation; the definitive translation will be
from the Pretura Circondariale, La Spezia): Criminal                           published in the European Court Reports)
      proceedings against Silvano Raso and Others (1)
(Freedom to provide services Ð Competition Ð Special or
exclusive rights Ð Undertakings holding a port terminal              In Case C-366/96: reference to the Court pursuant to
                           concession)                               Article 177 of the EC Treaty from the Tribunal du Travail
                         (98/C 113/07)                               (Labour Court), Charleroi, Belgium, for a preliminary
                                                                     ruling in the proceedings pending before that court
                                                                     between Louisette Cordelle and Office National des
                                                                     Pensions (ONP) Ð on the interpretation of Article 12(2)
                (Language of the case: Italian)
                                                                     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 (2), as amended
  (Provisional translation; the definitive translation will be
                                                                     and updated by Council Regulation (EEC) No 2001/83 of
         published in the European Court Reports)
                                                                     2 June 1983 (3), and of Article 46a of Regulation (EEC)
                                                                     No 1408/71, as amended and updated by Regulation
                                                                     (EEC) No 2001/83 and subsequently amended by Council
In Case C-163/96: reference to the Court pursuant to                 Regulation (EEC) No 1248/92 of 30 April 1992 (4) Ð the
Article 177 of the EC Treaty from the Pretura                        Court (Fifth Chamber), composed of: M. Wathelet,
Circondariale, La Spezia (Italy), for a preliminary ruling in        President of the First Chamber, acting as President of the
the criminal proceedings pending before that court against           Fifth Chamber, J. C. Moitinho de Almeida, D. A. O.
Silvano Raso and Others Ð on the interpretation of                   Edward (Rapporteur), P. Jann and L. Sevón, Judges; C. O.
Articles 59, 86 and 90(1) of the EC Treaty Ð the Court               Lenz, Advocate-General; D. Louterman-Hubeau, Principal
(Fifth Chamber), composed of: C. Gulmann, President of               Administrator, for the Registrar, has given a judgment on
the Chamber, M. Wathelet (Rapporteur), J. C. Moitinho                12 February 1998, in which it has ruled:
de Almeida, P. Jann and L. Sevón, Judges; N. Fennelly,
Advocate-General; H. von Holstein, Deputy Registrar, for
the Registrar, has given a judgment on 12 February 1998,
in which it has ruled:                                               Article 12(2) 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
Articles 86 and 90 of the EC Treaty must be interpreted              members of their families moving within the Community,
as precluding a national provision which reserves to a               as amended and updated by Council Regulation (EEC)
dock-work company the right to supply temporary labour               No 2001/83 of 2 June 1983, does not preclude a Member
to other undertakings operating in the port in which it is           State from applying a rule against overlapping under
established, when that company is itself authorised to               which, when calculating a survivor's pension awarded
carry out dock work.                                                 under its own legislation on the basis of the deceased
                                                                     spouse's working life, account is to be taken of benefits to
                                                                     which the survivor is entitled in his or her own right in
(1) OJ C 197, 6.7.1996.                                              another Member State where those benefits are to be
                                                                     classified as retirement pensions or other equivalent
                                                                     benefits under the legislation of the first Member State. It
                                                                     is for the national court to decide on the classification, for
 ---pagebreak--- C 113/4                EN                    Official Journal of the European Communities                                      11.4.98
the purpose of applying that rule against overlapping, of               laws of the Member States relating to the application of
the benefits in question.                                               the principle of equal pay for men and women.
                                                                        (1) OJ C 269, 14.9.1996.
(1) OJ C 26, 25.1.1997.                                                 (2) OJ L 45, 19.2.1975, p. 19.
(2) Official Journal English Special Edition 1971 (II), p. 416.         (3) OJ L 39, 14.2.1976, p. 40.
(3) OJ L 230, 22.8.1983, p. 6.
(4) OJ L 136, 19.5.1992, p. 7.
                                                                                       JUDGMENT OF THE COURT
                                                                                             of 19 February 1998
                JUDGMENT OF THE COURT                                   in Case C-212/96 (reference for a preliminary ruling from
                                                                        the Tribunal Administratif, Saint-Denis de la ReÂunion):
                      of 17 February 1998                               Paul Chevassus-Marche v. Conseil ReÂgional de la
                                                                                                   ReÂunion (1)
in Case C-249/96 (reference for a preliminary ruling from
the Industrial Tribunal, Southampton): Lisa Jacqueline                  (Dock dues' (octroi de mer) Ð Fiscal rules applicable to
               Grant v. South-West Trains Ltd (1)                       the French overseas departments Ð Decision 89/688/EEC
                                                                        Ð Charges having an effect equivalent to a customs duty
(Equal treatment of men and women Ð Refusal of travel                                        Ð Internal taxation)
          concessions to cohabitees of the same sex)
                                                                                                 (98/C 113/10)
                          (98/C 113/09)
                                                                                        (Language of the case: French)
                 (Language of the case: English)                          (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
In Case C-249/96: reference to the Court pursuant to                    In Case C-212/96: reference to the Court pursuant to
Article 177 of the EC Treaty from the Industrial Tribunal,              Article 177 of the EC Treaty from the Tribunal
Southampton, for a preliminary ruling in the proceedings                Administratif (Administrative Court), Saint-Denis de la
pending before that tribunal between Lisa Jacqueline                    ReÂunion, France, for a preliminary ruling in the
Grant and South-West Trains Ltd Ð on the interpretation                 proceedings pending before that court between Paul
of Article 119 of the EC Treaty, Council Directive 75/117/              Chevassus-Marche and Conseil ReÂgional de la ReÂunion Ð
EEC of 10 February 1975 on the approximation of the                     on the interpretation of Articles 9, 12 and 13 and the
laws of the Member States relating to the application of                second paragraph of Article 95 of the EC Treaty, and on
the principle of equal pay for men and women (2), and                   the interpretation and validity of Council Decision 89/688/
Council Directive 76/207/EEC of 9 February 1976 on the                  EEC of 22 December 1989 concerning the dock dues
implementation of the principle of equal treatment for                  (octroi de mer) in the French overseas departments (2) Ð
men and women as regards access to employment,                          the Court, composed of: G. C. Rodríguez Iglesias,
vocational training and promotion, and working                          President, C. Gulmann, H. Ragnemalm, M. Wathelet
conditions (3), the Court, composed of: G. C. Rodríguez                 (Presidents of Chambers), G. F. Mancini, J. C. Moitinho
Iglesias, President, C. Gulmann, H. Ragnemalm, M.                       de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
Wathelet (Presidents of Chambers), G. F. Mancini, J. C.                 Edward (Rapporteur), J.-P. Puissochet, G. Hirsch, P. Jann
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                    and L. Sevón, Judges; G. Tesauro, Advocate-General; D.
D. A. O. Edward, J.-P. Puissochet (Rapporteur), G.                      Louterman-Hubeau, Principal Administrator, for the
Hirsch, P. Jann and L. Sevón, Judges; M. B. Elmer,                      Registrar, has given a judgment on 19 February 1998, in
Advocate-General; L. Hewlett, Administrator, for the                    which it has ruled:
Registrar, has given a judgment on 17 February 1998, in
which it has ruled:                                                     Consideration of Council Decision 89/688/EEC of
                                                                        22 December 1989 concerning the dock dues in the
                                                                        French overseas departments, in so far as it authorises a
                                                                        system of exemptions from the charge termed octroi de
The refusal by an employer to allow travel concessions to               mer subject to strict conditions which it lays down, has
the person of the same sex with whom a worker has a                     disclosed no factor of such a kind as to affect its validity.
stable relationship, where such concessions are allowed to
a worker's spouse or to the person of the opposite sex
with whom a worker has a stable relationship outside                    (1) OJ C 269, 14.9.1996.
                                                                        (2) OJ L 399, 30.12.1989, p. 46.
marriage, does not constitute discrimination prohibited by
Article 119 of the EC Treaty or Council Directive 75/117/
EEC of 10 February 1975 on the approximation of the