CELEX: C1996/180/29
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 2 May 1996 in Case C-206/94 (reference for a preliminary ruling from the Bundesarbeitsgericht): Brennet AG v. Vittorio Paletta (Social security - Recognition of incapacity for work)

22 . 6 . 96            EN                   Official Journal of the European Communities                               No C 180/ 15
     on the national courts. However, the national courts                   C-45/90 Paletta v. Brennet [1992] ECR 1-3423, does not
     may still ask the Court ofJustice to rule on their validity            imply that employers are barred from adducing evidence
     or interpretation.                                                     to support, where appropriate, a finding by the national
                                                                            court of abuse or fraudulent conduct on the part of the
(') OJ No C 76 , 12 . 3 . 1994 , OJ No C 174, 25 . 6 . 1994 .               worker concerned in that, although he may claim to
                                                                            have become incapacitated for work, such incapacity
                                                                            having been certified in accordance with Article 18 of
                                                                            that Regulation, he was not sick at all.
                                                                       (') OJ No C 275 , 1 . 10 . 1994 .
               JUDGMENT OF THE COURT
                          of 2 May 1996
in Case C-206/94 ( reference for a preliminary ruling from
the Bundesarbeitsgericht ): Brennet AG v. Vittorio
                              Paletta ( 1 )
   (Social security — Recognition of incapacity for work)                             JUDGMENT OF THE COURT
                           ( 96/C 180/29 )                                                      ( Fifth Chamber )
                                                                                                 of 2 May 1996
                (Language of the case: German)
                                                                       in Case C-234/95 : the Commission of the European
(Provisional translation; the definitive translation will be
                                                                                    Communities v. French Republic ( a )
          published in the European Court Reports)                     (Failure of a Member State to fulfil its obligations —
                                                                                            Directive 92/50/EEC)
In Case C-206/94 : reference to the Court under Article 177                                       ( 96/C 180/30 )
of the EC Treaty from the Bundesarbeitsgericht ( Federal
Labour Court ) for a preliminary ruling in the proceedings                             (Language of the case: French)
pending before that court between Brennet AG and Vittorio
Paletta — on the interpretation of Article 22 ( 1 ) of Council
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the                   (Provisional translation; the definitive translation will be
application of social security schemes to employed persons                       published in the European Court Reports)
and their families moving within the Community ( OJ,
English Special Edition 1971 ( II ), p . 416 ), as amended by          In Case C-234/95 : Commission of the European
Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ             Communities ( Agent : Hendrik van Lier ) v . French Republic
No L 230, 1983 , p . 6 ), and on the interpretation and validity       ( Agents : Catherine de Salins and Philippe Martinet ) —
of Article 18 ( 1 ) to ( 5 ) of Council Regulation ( EEC )             application for a declaration that, by failing to adopt the
No 574/72 of 21 March 1972 fixing the procedure for                    laws, regulations and administrative provisions needed in
implementing Regulation ( EEC ) No 1408/71 ( OJ, English               order to comply with Council Directive 92/50/EEC of
Special Edition 1972 ( I ), p . 159 ) — the Court, composed of         18 June 1992 relating to the coordination of procedures for
G. C. Rodriguez Iglesias, President, C. N. Kakouris, J. -P.            the award of public service contracts ( OJ No L 209, 1992 ,
Puissochet and G. Hirsch ( Presidents of Chambers ), G. F.             p . 1 ) and, in the alternative , by failing to inform the
Mancini, F. A. Schockweiler, J. C. Moitinho de Almeida                 Commission of such measures forthwith, the French
( Rapporteur ), P. J. G. Kapteyn, J. L. Murray, P. Jann and            Republic vhas failed to fulfil its obligations under that
H. Ragnemalm, L. Sevôn and M. Wathelet, Judges; G.                     Directive and, in particular, Article 44 thereof — the Court
Cosmas , Advocate-General; H. A. Riihl , Principal                     ( Fifth Chamber ), composed of D. A. O. Edward, President
Administrator, for the Registrar, gave a judgment on 2 May             of the Chamber, J. -P. Puissochet, P. Jann ( Rapporteur ),
 1996, the operative part of which is as follows:                      L. Sevon and M. Wathelet, Judges; A. La Pergola ,
                                                                       Advocate-General ; R. Grass, Registrar, gave a judgment on
I. Article 22 (1 ) (a) (ii) of Council Regulation (EEC)                2 May 1996 , in which it:
     No 1408/71 of 14 June 1971 on the application ofsocial
     security schemes to employed persons and their families           1 . Declares that, by failing to adopt, within the prescribed
     moving within the Community, as amended by Council                     period, the laws, regulations and administrative
     Regulation (EEC) No 2001 /83 of 2 June 1983, is to be                  provisions needed in order to comply with Council
     interpreted as covering national legislation under which               Directive 92/50/EEC of 18 June 1992 relating to the
     an employee is entitled, on becoming incapacitated for                 coordination of procedures for the award of public
     work, to continued payment of his wages for a certain                  service contracts, the French Republic has failed to fulfil
     period, even where those wages are not payable until a                 its obligations under Article 44 (1 ) of that Directive.
     given period has elapsed since the incapacity
     commenced.
                                                                       2 . Orders the French Republic to pay the costs.
2 . The interpretation of Article 18 (1 ) to (5) of Council
                                                                       (') OJ No C 229 , 2 . 9 . 1995 .
     Regulation (EEC) No 574/72 of 21 March 1972 fixing
     the procedure for implementing Regulation (EEC)
     No 1408/71 , given by the Court in its judgment in Case