CELEX: C1998/358/02
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 1 October 1998 in Case C-27/94: Kingdom of the Netherlands v. Commission of the European Communities (EAGGF - Clearance of accounts - 1990 financial year - Export refunds on Barley)

21.11.98             EN                  Official Journal of the European Communities                                       C 358/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  Article 46(2)(a) of Council Regulation (EEC) No 1408/71
                                                                     of 14 June 1971 on the application of social security
                      (Sixth Chamber)
                                                                     schemes to employed persons, to self-employed persons
                   of 24 September 1998                              and to members of their families moving within the
                                                                     Community must be interpreted as requiring the
in Case C-132/96 (reference for a preliminary ruling from            competent institution, in determining the theoretical
the Pretura Circondariale di Roma): Antonio Stinco, Ciro             amount of the pension on which the calculation of the pro
Panfilo v. Istituto Nazionale della Previdenza Sociale               rata pension is based, to take into account a supplement
                          (INPS) (1)                                 intended to bring the pension to the level of the statutory
                                                                     minimum.
(Old-age pension Ð Calculation of the theoretical amount
of a benefit Ð Inclusion of the amount necessary to attain
              the statutory minimum pension)                         (1) OJ C 180, 22.6.1996.
                        (98/C 358/01)
               (Language of the case: Italian)
                                                                                   JUDGMENT OF THE COURT
 (Provisional translation; the definitive translation will be
                                                                                            (Sixth Chamber)
         published in the European Court Reports)
                                                                                           of 1 October 1998
In Case C-132/96: reference to the Court under Article 177                 in Case C-27/94: Kingdom of the Netherlands v.
of the EC Treaty from the Pretura Circondariale di Roma                      Commission of the European Communities (1)
(Magistrate's Court, Rome) (Italy), for a preliminary                (EAGGF Ð Clearance of accounts Ð 1990 financial year
ruling in the proceedings pending before that court                                   Ð Export refunds on Barley)
between Antonio Stinco, Ciro Panfilo and Istituto
Nazionale della Previdenza Sociale (INPS) Ð on the                                           (98/C 358/02)
interpretation of Article 46(2)(a) of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons, to self-
                                                                                     (Language of the case: Dutch)
employed persons and to members of their families
moving within the Community, as amended and updated
by Council Regulation (EEC) No 2001/83 (OJ L 230,
22.8.1983, p. 6), as amended in turn by Council
                                                                       (Provisional translation; the definitive translation will be
Regulation (EEC) No 1247/92 (OJ L 136, 19.5.1992, p. 1)
                                                                              published in the European Court Reports)
and by Council Regulation (EEC) No 1248/92 (OJ L 136,
19.5.1992, p. 7) Ð the Court (Sixth Chamber), composed
of: H. Ragnemalm, President of the Chamber, G. F.
Mancini, P. J. G. Kapteyn, J. L. Murray (Rapporteur) and             In Case C-27/94: Kingdom of the Netherlands (Agents:
G. Hirsch, Judges; F. G. Jacobs, Advocate-General; L.                J. W. de Zwaan and J. S. van den Oosterkamp) v.
Hewlett, Administrator, for the Registrar, has given a               Commission of the European Communities (Agent: T.
judgment on 24 September 1998, in which it has ruled:                van Rijn) Ð application for the partial annulment of
 ---pagebreak--- C 358/2              EN                 Official Journal of the European Communities                                     21.11.98
Commission Decision 93/659/EC of 25 November 1993                  1. Dismisses the application;
on the clearance of the accounts presented by the Member
States in respect of the expenditure for 1990 of the
European Agricultural Guidance and Guarantee Fund
                                                                   2. Orders the United Kingdom of Great Britain and
(EAGGF), Guarantee Section (OJ L 301, 8.12.1993, p. 13)
                                                                        Northern Ireland to pay the costs.
Ð the Court (Sixth Chamber), composed of: H.
Ragnemalm, President of the Chamber, R. Schintgen, G. F.
Mancini (Rapporteur), P. J. G. Kapteyn and G. Hirsch,              (1) OJ C 269, 14.9.1996.
Judges; S. Alber, Advocate-General; R. Grass, Registrar,
has given a judgment on 1 October 1998, in which it:
1. Dismisses the action;
                                                                                 JUDGMENT OF THE COURT
2. Orders the Kingdom of the Netherlands to pay the                                       (Fifth Chamber)
    costs.                                                                               of 1 October 1998
                                                                   in Case C-232/96: French Republic v. Commission of the
(1) OJ C 76, 12.3.1994.                                                              European Communities (1)
                                                                   (EAGGF Ð Clearance of accounts Ð 1992 and 1993 Ð
                                                                                     Beef and veal Ð Cereals)
                                                                                            (98/C 358/04)
              JUDGMENT OF THE COURT                                               (Language of the case: French)
                        (Fifth Chamber)
                     of 1 October 1998
                                                                     (Provisional translation; the definitive translation will be
in Case C-209/96: United Kingdom of Great Britain and                       published in the European Court Reports)
Northern Ireland v. Commission of the European
                        Communities (1)
(EAGGF Ð Clearance of accounts Ð 1992 and 1993 Ð                   In Case 232/96: French Republic (Agents: C. de Salins and
                         Beef and veal)                            F. Pascal) v. Commission of the European Communities
                                                                   (Agent: X. Lewis) Ð application for the annulment in part
                         (98/C 358/03)                             of Commission Decision 96/311/EC of 10 April 1996 on
                                                                   the clearance of the accounts presented by the Member
                                                                   States in respect of the expenditure for 1992 of the
                                                                   Guarantee Section of the European Agricultural Guidance
               (Language of the case: English)                     and Guarantee Fund (EAGGF) and in respect of certain
                                                                   expenditure for 1993 (OJ L 117, 14.5.1996, p. 19) Ð the
                                                                   Court (Fifth Chamber), composed of: C. Gulmann,
                                                                   President of the Chamber, M. Wathelet (Rapporteur), J. C.
In Case C-209/96: United Kingdom of Great Britain and              Moitinho de Almeida, J.-P. Puissochet and L. Sevón,
Northern Ireland (Agent: J. E. Collins, assisted by G.             Judges; S. Alber, Advocate-General; L. Hewlett,
Barling and H. Davies) v. Commission of the European               Administrator, for the Registrar, has given a judgment on
Communities (Agent: J. Macdonald Flett) Ð application              1 October 1998, in which it:
for the annulment in part of Commission Decision 96/311/
EC of 10 April 1996 on the clearance of the accounts
presented by the Member States in respect of the
                                                                   1. Dismisses the application;
expenditure for 1992 of the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund
(EAGGF) and in respect of certain expenditure for 1993
(OJ L 117, 14.5.1996, p. 19) Ð the Court (Fifth                    2. Orders the French Republic to pay the costs.
Chamber), composed of: C. Gulmann, President of the
Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de
Almeida, J.-P. Puissochet and L. Sevón, Judges; S. Alber,          (1) OJ C 269, 14.9.1996.
Advocate-General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 1 October 1998, in
which it: