CELEX: C2001/095/12
Language: en
Date: 2001-03-24 00:00:00
Title: Case C-56/01: Reference for a preliminary ruling from the Tribunal des Affaires de Sécurité Sociale, Nanterre, France, by judgment of that court of 23 November 2000 in the case of Patricia Inizan v Caisse Primaire d'Assurance Maladie des Hauts de Seine

24.3.2001               EN                      Official Journal of the European Communities                                          C 95/7
(3) Does that non-aggregability render the directive inoperat-             Reference for a preliminary ruling from the Tribunal
      ive or result in its partial disapplication?                         des Affaires de Sécurité Sociale, Nanterre, France, by
                                                                           judgment of that court of 23 November 2000 in the case
(4) Can that non-aggregability be allowed in the context of                of Patricia Inizan v Caisse Primaire d’Assurance Maladie
      the power of the Member States to impose a ceiling on                                       des Hauts de Seine
      the guarantee of payment of workers’ claims (Article 3(4)),
      having regard to the fact that the Italian legislature has                                     (Case C-56/01)
      already imposed a ceiling by means of Article 2(2) of the
      legislative decree at issue?                                                                   (2001/C 95/12)
(5) Consequently, must the reference to the ‘maximum                       Reference has been made to the Court of Justice of the
      amount of the special supplementary pay’ in the said                 European Communities by a judgement of the Tribunal des
      Article 2(2) be regarded as being made merely for formal             Affaires de Sécurité Sociale (Social Security Court), Nanterre,
      or accounting purposes or is it an incorporative reference           of 23 November 2000, which was received at the Court
      (with the consequent inclusion in Legislative Decree                 Registry on 9 February 2001, for a preliminary ruling in the
      No 80/1992 of the provisions giving effect to the                    case of Patricia Inizan v Caisse Primaire d’Assurance Maladie
      special wage supplement, including the so-called non-                des Hauts de Seine, on the following question;
      aggregability rule)?
                                                                           ‘Is Article 22 of Regulation (EEC) No 1408/71 (1) compatible
(6) Finally, may non-aggregability be regarded as allowed in               with Articles 59 [now, after amendment, Article 49 EC] and
      the context of the power of the Member States to adopt               60 [now Article 50 EC] of the Treaty of Rome? Consequently,
      the measures necessary to avoid abuses (Article 10(a))?              is the Caisse Primaire d’Assurance Maladie des Hauts de Seine
                                                                           entitled to refuse Ms Inizan reimbursement of the costs of
                                                                           psychosomatic pain treatment in Essen, Germany, following
(1) Council Directive 80/987 of 20 October 1980 on the approxi-            an unfavourable opinion from the National Medical Officer?’
    mation of the laws of the Member States relating to the protection
    of employees in the event of the insolvency of their employer —
    OJ 1980 L 283, p. 23.                                                  (1) 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 (amended and updated version, OJ 1997
                                                                               L 28, p. 4).