CELEX: C1995/333/04
Language: en
Date: 1995-12-09 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 26 October 1995 in Case C-482/93 (reference for a preliminary ruling from the Arrondissementsrechtbank Amsterdam): S. E. Klaus v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Social security - Sickness - Pre-existing state of health - Aggregation of insurance periods)

No C 333/2             | EN                  Official Journal of the European Communities                                       9 . 12 , 95
D. A. O. Edward, G. Hirsch ( Presidents of Chambers ), G. F.            Article 13 ( 2 ) ( a ) and Article 39 ( 1 ) and ( 5 ) of Council
Mancini, F. A. Schockweiler ( Rapporteur ), J. C. Moitinho              Regulation ( EEC ) No 1408/71 of 14 June 1971 on the
de Almeida, P. J. G. Kapteyn, P. Jann, H. Ragnemalm and                 application of social security schemes to employed persons,
L. Sevon, Judges ; G. Tesauro, Advocate-General; H. A.                  to self-employed persons and to members of their families
Riihl, Principal Administrator, for the Registrar, has given a          moving within the Community, as amended and updated by
judgment on 24 October 1995 , in which it rules :                       Council Regulation ( EEC ) No 2001/83 of 2 June 1983 ( OJ
                                                                         1983 L 230, p. 6 ), the Court ( Fifth Chamber ), composed of
                                                                        D. A. O. Edward ( Rapporteur ), President of the Chamber,
 1 . Article 85 (1 ) of the EEC Treaty must be interpreted as           J. C. Moitinho de Almeida, C. Gulmann, P. Jann and
      meaning that it prohibits an obligation imposed by the            L. Sevon, Judges; A. M. La Pergola, Advocate-General;
      leading manufacturer of motor vehicles in a Member                H. A. Ruhl, Principal Administrator, for the Registrar, has
      State on all its dealers established in that State to develop     given a judgment on 26 October 1995 , in which it rules
                                                                        that:
      activities as agents for leasing transactions exclusively
      for the account of its own leasing company.
                                                                        Article 38 (1 ) of Council Regulation (EEC) No 1408/71 of
2 . Commission Regulation (EEC) No 123/85 of                            14 June 1971 on the application of social security schemes
      12 December 1984 on the application of Article 85 (3)             to employed persons, to self-employed persons and to
                                                                        members oftheir families moving within the Community, as
      of the Treaty to certain categories of motor vehicle
                                                                        amended and updated by Council Regulation (EEC)
      distribution and servicing agreements must be
      interpreted as meaning that it does not exempt an
                                                                        No 2001 /83 of 2 June 1 983, is to be interpreted as meaning
                                                                        that, where the applicable legislation of a Member State
      obligation imposed by the leading motor vehicle
                                                                        makes the grant of invalidity benefits subject, inter alia, to
      manufacturer in a Member State on all its dealers
      established in that State to develop activities as agents
                                                                        the condition that at the time of his joining the scheme
                                                                        established by that legislation the worker's state of health
      for leasing transactions exclusively for the account of its
                                                                        must not have been such as to make it foreseeable that
      own leasing company.
                                                                        incapacity for work followed by invalidity would occur in
                                                                        the near future, the competent institution must also take
t 1 ) OJ No C 160, 12 . 6 . 1993 .                                      into account periods of insurance completed by that worker
                                                                        under the legislation of another Member State, as if those
                                                                       periods had been completed under the legislation which it
                                                                       administers.
                                                                        (') OJ No C 59 , 26 . 2 . 1994, p . 6 .
                JUDGMENT OF THE COURT
                          ( Fifth Chamber)
                        of 26 October 1995
in Case C-481/93 (reference for a preliminary ruling from
the Arrondissementsrechtbank Amsterdam ): R. Moscato v.                               JUDGMENT OF THE COURT
   Bestuur van de Nieuwe Algemene Bedrijfsvereniging ( j )                                       ( Fifth Chamber)
(Social Security — Invalidity — Legislation applicable —                                       of 26 October 1995
       Type A legislation — Pre-existing state of health)               in Case C-482/93 ( reference for a preliminary ruling from
                            ( 95/C 333/03 )                             the Arrondissementsrechtbank Amsterdam ): S. E. Klaus v.
                                                                          Bestuur van de Nieuwe Algemene Bedrijfsvereniging (')
                                                                        (Social security — Sickness — Pre-existing state ofhealth —
                  (Language of the case: Dutch)                                      Aggregation of insurance periods)
                                                                                                   ( 95/C 333/04 )
(Provisional translation; the definitive translation will be
           published in the European Court Reports)                                     (Language of the case: Dutch)
In Case C-481 /93 : reference to the Court under Article 177            (Provisional translation; the definitive translation will be
of the EEC Treaty from the Arrondissementsrechtbank                             published in the European Court Reports)
( District Court ), Amsterdam (Netherlands ), for a
preliminary ruling in the proceedings pending before that
court between R. Moscato and Bestuur van de Nieuwe                      In Case C-482/93 : reference to the Court under Article 177
Algemene Bedrijfsvereniging — on the interpretation of                  of the EEC Treaty from the Arrondissementsrechtbank
 ---pagebreak--- 9 . 12. 95           1 EN |                  Official Journal of the European Communities                                   No C 333/3
( District   Court),    Amsterdam        ( Netherlands ),   for  a                      JUDGMENT OF THE COURT
preliminary ruling in the proceedings pending before that                                        ( Fifth Chamber )
court between S. E. Klaus and Bestuur van de Nieuwe
Algemene Bedrijfsvereniging — on the interpretation of                                        of 26 October 1995
Article 25 ( 2 ), Article 35 ( 3 ) and Article 71 ( 1 ) of Council      in Case C-36/94 ( reference for a preliminary ruling from the
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the                    Tribunal Fiscal Aduaneiro de Lisboa ): Siesse — Soluções
application of social security schemes to employed persons,             Integrais em Sistemas Software e Aplicações Lda. v. Director
to self-employed persons and to members of their families                                da Alfândega de Alcântara ( J )
moving within the Community, as amended and updated by                  (Release ofgoods for free circulation — Failure to comply
Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ              with the time-limit for assignment to a customs-approved
1983 L 230 , p. 6 ), the Court ( Fifth Chamber ), composed of                      treatment or use — Imposition of a levy)
D. A. O. Edward ( Rapporteur ), President of the Chamber,
J. C. Moitinho de Almeida, C. Gulmann, P. Jann und                                                 ( 95/C 333/05 )
L. Sevon, Judges; A. M. La Pergola , Advocate-General;
H. A. Riihl, Principal Administrator, for the Registrar, has                           (Language of the case: Portuguese)
given a judgment on 26 October 1995, in which it rules
that :
                                                                        (Provisional translation; the definitive translation will be
                                                                                  published in the European Court Reports)
                                                                        In Case C-36/94 : reference to the Court under Article 177 of
1 . Article 35 (3) of Council Regulation (EEC) No 1408/71
     of 14 June 1971 on the application of social security              the EC Treaty from the Tribunal Fiscal Aduaneiro de Lisboa
     schemes to employed persons, to self-employed persons              ( Customs Court, Lisbon ) for a preliminary ruling in the
     and to members of their families moving within the                 proceedings pending before that court between Siesse —
     Community, as amended and updated by Regulation                    Solu^oes Integrals em Sistemas Software e Aplica^oes Ld?
     (EEC) No 2001 /83 of2 June 1983, does not apply to the             and Director da Alfandega de Alcantara-Lisboa ( Director of
     legislation ofa Member State which precludes, in whole             the Alcantara Customs Office, Lisbon ) — on the
     or in part, the grant of sickness benefits if the worker           interpretation of Council Regulation ( EEC ) No 4151/88 of
     concerned was already unfit for work at the time                   21 December 1988 laying down the provisions applicable to
     when he became insured under the scheme which it                   goods brought into the customs territory of the Community
     establishes .                                                      ( OJ 1988 L 367, p. 1 ) — the Court ( Fifth Chamber ),
                                                                        composed of D. A. O. Edward, President of the Chamber,
                                                                        J. -P. Puissochet ( Rapporteur ), C. Gulmann, P. Jann and
                                                                        L. Sevon, Judges; M. B. Elmer, Advocate-General; H. A.
2 . Article 18 (1 ) of Regulation (EEC) No 1408/71 is to be             Riihl, Principal Administrator, for the Registrar, gave a
     interpreted as meaning that, where the applicable                  judgment on 26 October 1995 , the operative part of which
                                                                        is as follows :
     legislation of a Member State makes the grant of cash
     sickness benefits subject to the condition that the
     insured person was not already unfit for work at the               1 . Council Regulation (EEC) No 4151 /88 of 21 December
     time when he became insured under the scheme which it                    1988 laying down the provisions applicable to goods
     establishes, the competent institution must also take                    brought into the customs territory of the Community
     into account periods of insurance completed by that                      does not preclude the customs authority from accepting,
     person under the legislation ofanother Member State, as                 after the expiry of the periods provided for in
     if those periods had been completed under the                           Article 15 (1 ), a declaration for release for free
     legislation which it administers.                                        circulation of goods brought into the customs territory
                                                                              of the Community.
                                                                        2 . Article 19 of Regulation (EEC) No 4151 /88 does not
3 . The fact that, having transferred his residence from one                 preclude the customs authority from requiring the
     Member State to another Member State, the person                        payment ofa sum, other than the customs duties and any
     concerned was for a short period neither employed nor                    expenses arising from the temporary storage of the
     registered as seeking employment in the latter State does               goods, for accepting a declaration for their release for
     not interrupt the continuity of the insurance periods                    free circulation after the expiry of the periods provided
     completed by that person or preclude application of the                  for in Article 15 (1 ), provided that the amount of that
     aggregation rule laid down by Article 18 (1 ) of                         sum is determined in accordance with the principle of
     Regulation (EEC) No 1408/71 .                                            proportionality and under conditions which are
                                                                              analogous to those applicable in national law to
                                                                              infringements of the same nature and gravitiy. It is for
(') OJ No C 59 , 26 . 2 . 1994 , p . 7 .                                      the national court to determine whether the surcharge in
                                                                              issue is consistent with those principles.
                                                                        (') OJ No C 76 , 12 . 3 . 1994 .