CELEX: C1997/357/15
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 9 October 1997 in Joined Cases C-31/96, C-32/96 and C-33/96 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad de Extremadura, Cáceres): Antonio Naranjo Arjona v. Instituto Nacional de la Seguridad Social (INSS), Francisco Vicente Mateos v. Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), and Instituto Nacional de la Seguridad Social (INSS) v. Laura García Lázaro (Social security - Invalidity - Old-age pensions - Article 47 (1) of Regulation (EEC) No 1408/71 - Calculation of benefits)

C 357/8                EN                  Official Journal of the European Communities                                    22 . 11 . 97
which accords with the provisions of Title II of that                 J. L. Murray and G. Hirsch, Judges; A. La Pergola,
Convention or with the provisions of a convention which               Advocate-General; L. Hewlett, Administrator, for the
was in force between the two States concerned when the                Registrar, has given a judgment on 9 October 1997, in
proceedings were instituted, and must do so provisionally             which it:
if the court first seised has not yet ruled on whether it has
jurisdiction. On the other hand, the court second seised
must not apply Article 21 of the Convention on
Jurisdiction and the Enforcement of Judgments in Civil                1 . declares that, by failing to adopt within the prescribed
and Commercial Matters if the court first seised has                       period the provisions necessary to implement
assumed jurisdiction on the basis of a rule which does not                 Articles 3, 4 and 5 of Council Directive 84/466/
accord with the provisions of Title II of that Convention                  Euratom of 3 September 1984 laying down basic
or with the provisions of a convention which was in force                  measures for the radiation protection of persons
between those two States when the proceedings were                         undergoing medical examination or treatment, the
instituted.                                                                Kingdom of Spain has failed to fulfil its obligations
                                                                           under the Euratom Treaty;
(') OJ C 189, 22 . 7. 1995 .
                                                                      2 . orders the Kingdom of Spain to pay the costs.
                                                                      (') OJ C 133 , 4 . 5 . 1996 .
               JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                       of 9 October 1997
in    Case   C-21/96: Commission of the European                                     JUDGMENT OF THE COURT
            Communities v. Kingdom of Spain (')
                                                                                                 (Fifth Chamber)
(Failure by a Member State to fulfil its obligations —
             Council Directive 84/466/Euratom)                                                 of 9 October 1997
                          ( 97/C 357/ 14                              in Joined Cases C-31/96, C-32/96 and C-33/96 (reference
                                                                      for a preliminary ruling from the Tribunal Superior de Jus­
                                                                      ticia de la Comunidad de Extremadura, Cáceres ): Antonio
                                                                      Naranjo Arjona v. Instituto Nacional de la Seguridad
                (Language of the case: Spanish)                       Social (INSS ), Francisco Vicente Mateos v. Instituto Nacio­
                                                                      nal de la Seguridad Social (INSS ), Tesorería General de la
                                                                      Seguridad Social (TGSS), and Instituto Nacional de la
                                                                           Seguridad Social (INSS ) v. Laura García Lázaro (')
  (Provisional translation; the definitive translation will be        (Social security — Invalidity — Old-age pensions —
          published in the European Court Reports)                    Article 47 (1 ) of Regulation (EEC) No 1408/71 —
                                                                                             Calculation of benefits)
                                                                                                    ( 97/C 357/15 )
In Case C-21/96 : Commission of the European
Communities (Agents: Thomas F. Cusack and Isabel
Martinez del Peral ) v. Kingdom of Spain (Agents: Alberto
Jose Navarro Gonzalez and Rosario Silva de Lapuerta ) —                               (Language of the case: Spanish)
application for a declaration that, by failing to adopt the
laws, regulations or administrative provisions necessary to
comply with Articles 3, 4 and 5 of Council Directive 84/
466/Euratom of 3 September 1984 laying down basic
measures for the radiation protection of persons                        (Provisional translation; the definitive translation will be
undergoing medical examination or treatment ( OJ L 265,                         published in the European Court Reports)
5 . 10 . 1984, p. 1 ) or by failing to inform the Commission
of the measures it has adopted for the transposition of the
Directive, the Kingdom of Spain has failed to fulfil its
obligations under the Euratom Treaty — the Court ( Sixth              In Joined Cases C-31 /96, C-32/96 and C-33/96 : reference
Chamber), composed of: H. Ragnemalm, President of the                 to the Court under Article 177 of the EC Treaty from the
Chamber, G. F. Mancini, P. J. G. Kapteyn ( Rapporteur),               Tribunal Superior de Justicia de la Comunidad de Extre­
 ---pagebreak--- 22. 11 . 97            1 EN 1            Official Journal of the European Communities                                      C 357/9
madura, Caceres ( High Court of Justice of the Community                          JUDGMENT OF THE COURT
of Extremadura, Caceres) ( Spain ), for a preliminary ruling                                 ( Second Chamber)
in the proceedings pending before that court between
Antonio Naranjo Arjona and Instituto Nacional de la                                          of 9 October 1997
Seguridad Social (INSS ), Francisco Vicente Mateos and              in Case C-291/96 (reference for a preliminary ruling from
Instituto Nacional de la Seguridad Social (INSS ), Tesoreria        the Amtsgericht Reutlingen): Criminal proceedings against
General de la Seguridad Social (TGSS ), and Instituto                           Martino Grado and Shahid Bashir ( ')
Nacional de la Seguridad Social (INSS ) and Laura Garcia
Lazaro — on the interpretation of Article 47 ( 1 ) of               (Preliminary reference — Criminal proceedings — Use of
Council Regulation ( EEC ) No 1408/71 of 14 June 1971               a courtesy title — Discrimination — Relevance of the
on the application of social security schemes to employed                         question — Lack of jurisdiction)
persons, to self-employed persons and to members of their
                                                                                                 ( 97/C 357/16 )
families moving within the Community, as amended and
updated by Council Regulation ( EEC ) No 2001/83 of
2 June 1983 ( OJ L 230, 22 . 8 . 1983 , p. 6 ) and as adapted                      (Language of the case: German)
by Annex I, Part VIII, of the Act concerning the
Conditions of Accession of the Kingdom of Spain and the
Portuguese Republic and the adjustments to the Treaties               (Provisional translation; the definitive translation will be
( OJ L 302, 15 . 11 . 1985 , p. 23 ), and subsequently                       published in the European Court Reports)
amended by Council Regulation ( EEC ) No 1248/92 of
30 April 1992 ( OJ L 136 , 19 . 5 . 1992, p. 7) — the Court         In Case C-291 /96 : reference to the Court under Article 177
( Fifth Chamber), composed of: J. C. Moitinho de
Almeida, acting for the President of the Chamber, D. A. O.          of the EC Treaty from the Amtsgericht ( Local Court ),
Edward, J. -P. Puissochet ( Rapporteur ), P. Jann and L.            Reutlingen ( Germany), for a preliminary ruling in the
Sevon, Judges; A. La Pergola, Advocate-General; H. von              criminal proceedings pending before that court against
Holstein, Deputy Registrar, Administrator, for the                  Martino Grado and Shahid Bashir — on the interpretation
Registrar, has given a judgment on 9 October 1997, in               of Article 6 of the EC Treaty — the Court ( Second
which it has ruled :                                                Chamber), composed of: R. Schintgen ( Rapporteur),
                                                                    President of the Chamber, G. F. Mancini and G. Hirsch,
                                                                    Judges; G. Tesauro, Advocate-General; R. Grass, Registrar,
                                                                    has given a judgment on 9 October 1997, in which it has
                                                                    ruled :
Article 47 (1 ) (e) of Council Regulation (EEC) No 1408/
71 of 14 June 1971 on the application of social security            The Court has no jurisdiction to answer the question
schemes to employed persons, to self-employed persons               referred by the Amtsgericht Reutlingen.
and to members of their families moving within the
Community, as amended and updated by Council
                                                                    (') OJ C 318, 26 . 10 . 1996 .
Regulation (EEC) No 2001 /83 of 2 June 1983 and as
adapted by Annex I, Part VIII, of the Act concerning the
Conditions of Accession of the Kingdom of Spain and the
Portuguese Republic and the adjustments to the Treaties,
and which has become Article 47 (1 ) (g) following the
entry into force of Council Regulation (EEC) No 1248/92
of 30 April 1992, implies that, in situations such as that at                     JUDGMENT OF THE COURT
issue in the main proceedings, calculation of the average
basis for contributions rests solely on the amount of                                          ( Fifth Chamber)
contributions actually paid under the legislation                                           of 16 October 1997
concerned, and the theoretical amount of the benefit thus
obtained is to be duly revalorized and increased as if the          in Case C-258/95 (reference for a preliminary ruling from
persons concerned had continued to work under the same              the Bundesfinanzhof): Julius Fillibeck Sohne GmbH &c Co.
conditions in the Member State in question. However,                                KG v. Finanzamt Neustadt (*)
where application of that provision so interpreted proves           (Sixth VAT Directive — Supply of services for
less advantageous, for workers who were already                     consideration — Definition — Transport of workers by
employed in another Member State before the regulation                                            the employer)
entered into force in the first Member State, than the
application of a previous convention between those two                                           ( 97/C 357/ 17 )
States, the competent court should, by way of exception,
apply the rules laid down by that convention.                                      (Language of the case: German)
(') OJ C 95 , 30 . 3 . 1996 .                                         (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
                                                                    In Case C-258/95 : reference to the Court under Article 177
                                                                    of the EC Treaty from the Bundesfinanzhof ( Federal