CELEX: C1998/041/06
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT of 2 December 1997 in Case C-336/94 (reference for a preliminary ruling from the Sozialgericht Hamburg): Eftalia Dafeki v. Landesversicherungsanstalt Württemberg (Freedom of movement for workers - Equal treatment - Social security - Rule of national law according different probative value to certificates of civil status depending on whether they are of national or foreign origin)

C 41/4                  EN                 Official Journal of the European Communities                                       7.2.98
1. declares that, by not having within the period                     national, the competent social security institutions and the
     prescribed adopted all the laws, regulations and                 courts of a Member State must accept certificates and
     administrative provisions necessary to ensure that               analogous documents relative to personal status issued by
     Council Directive 91/414/EEC of 15 July 1991                     the competent authorities of the other Member States,
     concerning the placing of plant protection products on           unless their accuracy is seriously undermined by concrete
     the market Ð with the exception of Article 10 (1),               evidence relating to the individual case in question.
     second indent, thereof Ð was transposed into
     domestic law, the Federal Republic of Germany has
     failed to fulfil its obligations under that Directive;           (1) OJ C 392, 31.12.1994.
2. orders the Federal Republic of Germany to pay the
     costs.
(1) OJ C 180, 22.6.1996.
                                                                                    JUDGMENT OF THE COURT
                                                                                           of 2 December 1997
                                                                      in Case C-188/95 (reference for a preliminary ruling from
                                                                             the éstre Landsret: Fantask A/S and Others v.
                JUDGMENT OF THE COURT                                          Industriministeriet (Erhvervsministeriet) (1)
                       of 2 December 1997
                                                                      (Directive 69/335/EEC Ð Registration charges on
in Case C-336/94 (reference for a preliminary ruling from               companies Ð Procedural time-limits under national law)
the Sozialgericht Hamburg): Eftalia Dafeki v. Landesver-
               sicherungsanstalt Württemberg (1)                                               (98/C 41/07)
(Freedom of movement for workers Ð Equal treatment Ð
Social security Ð Rule of national law according different
probative value to certificates of civil status depending on                         (Language of the case: Danish)
        whether they are of national or foreign origin)
                           (98/C 41/06)
                (Language of the case: German)                          (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                    In Case C-188/95: reference to the Court under Article 177
                                                                      of the EC Treaty from the éstre Landsret, Denmark, for
                                                                      a preliminary ruling in the proceedings pending before
In Case C-336/94: reference to the Court under Article 177            that court between Fantask A/S and Others and
of the EC Treaty from the Sozialgericht (Social Court)                Industriministeriet (Erhvervsministeriet) Ð on the
Hamburg (Germany), for a preliminary ruling in the                    interpretation of Council Directive 69/335/EEC of 17 July
proceedings pending before that court between Eftalia                 1969 concerning indirect taxes on the raising of capital
Dafeki and Landesversicherungsanstalt Württemberg Ð                   (OJ, English Special Edition 1969 (II), p. 412), as most
on the interpretation of Articles 48 and 51 of the EC                 recently amended by Council Directive 85/303/EEC of
Treaty in the light of German provisions under which                  10 June 1985 (OJ L 156, 15.6.1985, p. 23) Ð the Court
certificates of civil status are accorded different probative         composed of: G. C. Rodríguez Iglesias, President, C.
value, depending on whether they are German or foreign                Gulmann, H. Ragnemalm and M. Wathelet (Presidents of
Ð the Court, composed of: H. Ragnemalm (President of                  Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
the Fourth and Sixth Chambers), acting for the President,             P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward, J.-P.
G. F. Mancini, J. C. Moitinho de Almeida, J. L. Murray,               Puissochet (Rapporteur), G. Hirsch, P. Jann and L. Sevón,
D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann                 Judges; F. G. Jacobs, Advocate-General; H. von Holstein,
(Rapporteur) and L. Sevón, Judges; A. La Pergola,                     Deputy Registrar, for the Registrar, gave a judgment on
Advocate-General; H. A. Rühl, Principal Administrator,                2 December 1997, the operative part of which is as
for the Registrar, has given a judgment on 2 December                 follows:
1997, in which it has ruled:
In proceedings for determining the entitlements to social             1. On a sound construction of Article 12 (1)(e) of
security benefits of a migrant worker who is a Community                   Council Directive 69/335/EEC of 17 July 1969