CELEX: C2000/285/06
Language: en
Date: 2000-10-07 00:00:00
Title: Case C-294/00: Reference for a preliminary ruling from the Oberster Gerichtshof, Austria, by order of that court of 13 July 2000 in the case of Deutsche Paracelsus Schulsen für Naturheilverfahren GmbH v Kurt Gräbner

7.10.2000               EN                       Official Journal of the European Communities                                         C 285/3
If the first question is to be answered in the affirmative:                 May a Member State continue, in particular after the adoption
                                                                            of Directive 92/51/EEC on a second general recognition
                                                                            system (1), to reserve an activity allied to medicine, such as that
2.    Are Articles 48(2) and 51 of the EC Treaty (now                       of a non-medical practitioner under the German Heilpraktiker-
      Articles 39(2) and 42 EC) and Regulation (EEC)                        gesetz (Law on non-medical practitioners, RGBl I 251/1939)
      No 1408/71 to be interpreted as precluding national                   in the version currently in force, to holders of the diploma of
      rules which, for the qualifying period for a benefit                  doctor, or is that now precluded in particular by Article 43
      stemming from the insurance contingency of reduced                    EC (formerly Article 52 of the EC Treaty) on freedom of
      capacity for work not to apply, require not only that the             establishment and Article 50 EC (formerly Article 60 of the EC
      insurance contingency is the result of an accident at work,           Treaty) on freedom to provide services?
      but also that the insurance contingency materialised in
      respect of a person insured compulsorily with a pension
      insurance institution under the (Austrian) Allgemeines                Do the said provisions of European law preclude national
      Sozialversicherungsgesetz (General Law on Social Secur-               provisions which reserve training for activities which are
      ity) (ASVG) or another (Austrian) federal law or in respect           regulated by legal provisions in the field of health to the
      of a person insured privately under Paragraph 19a of the              institutions designated for that purpose and prohibit the
      (Austrian) Allgemeines Sozialversicherungsgesetz (ASVG)               offering or procuring of such training by other persons or
      and therefore do not cover accidents at word sustained                institutions and advertising therefor, even if that training
      during employment in other Member States?                             relates only to certain branches of medical activity?
3.    Are Articles 48(2) and 51 of the EC Treaty (now
      Articles 39(2) and 42 EC) to be interpreted as contrary to
      Article 9a of Regulation (EEC) No 1408/71 and national                (1) OJ L 209 of 24.7.1992, p. 25.
      rules which preclude in general any prolongation of the
      reference period in respect of the period during which a
      pension is received or limits such prolongation to cases
      of entitlement to a pension stemming from the statutory
      accident insurance of the Member State concerned?
(1) OJ, English Special Edition 1971 (II), p. 2.
(2) OJ 1983 L 230, p. 6.                                                    Action brought on 1 August 2000 by the Commission of
(3) OJ 1992 136, p. 28.                                                       the European Communities against the Italian Republic
                                                                                                      (Case C-295/00)
                                                                                                      (2000/C 285/07)
                                                                            An action against the Italian Republic was brought before the
                                                                            Court of Justice of the European Communities on 1 August
                                                                            2000 by the Commission of the European Communities,
                                                                            represented by Enrico Traversa, Legal Adviser, and Bernard
Reference for a preliminary ruling from the Oberster                        Mongin, of its Legal Service, acting as Agents, with an address
Gerichtshof, Austria, by order of that court of 13 July                     for service in Luxembourg at the office of Carlos Gómez de la
2000 in the case of Deutsche Paracelsus Schulsen für                        Cruz, Wagner Centre, Kirchberg.
          Naturheilverfahren GmbH v Kurt Gräbner
                                                                            The applicant claims that the Court should:
                          (Case C-294/00)
                                                                            (a)   declare that, by maintaining in force a tax payable by
                                                                                  passengers disembarking or embarking in the ports of
                          (2000/C 285/06)                                         Genoa, Naples and Trieste where those passengers arrive
                                                                                  from, or are travelling to, ports in another Member State
                                                                                  or a third country, whereas no such tax is levied in the
Reference has been made to the Court of Justice of the                            case of carriage between two ports located on Italian
European Communities by an order of the Oberster Gerichts-                        territory, the Italian Republic has failed to comply with
hof (Supreme Court), Austria, of 13 July 2000, which was                          its obligations under Article 1 of Council Regulation
received at the Court Registry on 31 July 2000, for a prelimi-                    (EEC) No 4055/86 (1) of 22 December 1986 applying the
nary ruling in the case of Deutsche Paracelsus Schulen für                        principle of freedom to provide services to maritime
Naturheilverfahren GmbH v Kurt Gräbner on the following                           transport between Member States and between Member
questions:                                                                        States and third countries;