CELEX: C1997/252/44
Language: en
Date: 1997-08-16 00:00:00
Title: Reference for a preliminary ruling from the Regeringsrätt by order of that court of 11 June 1997 in the case brought by Skandia Insurance Company (publ), 103 50 Stockholm (Case C-241/97)

No C 252/22                    EN                 Official Journal of the European Communities                                        16 . 8 . 97
Reference for a preliminary ruling from the Regeringsratt                    Reference for a preliminary ruling from the Hof van
by order of that court of 11 June 1997 in the case brought                   Cassatie van Belgie by judgment of that court of 30 June
by Skandia Insurance Company (publ), 103 50 Stockholm                        1997 in the case of Rijksdienst voor Pensioenen against
                                                                                                         Gerdina Lustig
                                Case C-241 /97)
                                                                                                       ( Case C-244/97 )
                                 ( 97/C 252/44
                                                                                                          ( 97/C 252/45
Reference has been made to the Court of Justice of the                       Reference has been made to the Court of Justice of the
European Communities by an order of the Regeringsratt                        European Communities by judgment of the Hof van
of 11 June 1997, which was received at the Court Registry                    Cassatie van Belgie ( Belgian Court of Cassation ) of 30 June
on 2 July 1997, for a preliminary ruling in the case                         1997, received at the Court Registry on 4 July 1997, for a
brought by Skandia Insurance Company ( publ ) on the                         preliminary ruling in the case of Rijksdienst voor
following questions:                                                         Pensioenen against Gerdina Lustig on the following
                                                                             question:
1 . Is it compatible with Article 18 ( 1 ) of Directive 73/
        239/EEC { l ), as amended by Article 26 of Directive                 Is Article 49 ( 1 ) ( b ) ( ii ) of Regulation ( EEC ) No 1408/71
        92/49/EEC (2 ) and with Article 21 ( 1 ) of Directive 79/            in conjunction with Article 45 of that Regulation to be
        267/EEC ( 3 ), as amended by Article 27 of Directive                 interpreted as meaning that, where the person concerned
        92/96/EEC (4), for national legislation to prescribe                 fulfils the conditions laid down by one legislation for
        that, so far as an insurance company's free assets ( i.e.            entitlement to an old-age pension, albeit a limited one,
        those assets not used to cover the technical provisions )            without having recourse to periods of insurance completed
        are concerned, the insurance company may not,                        under another legislation whose conditions of pension
        without special administrative authorization, own                    entitlement are not satisfied, the competent national
        more shares in a domestic or foreign joint-stock                     authority is nevertheless obliged to take into account
        company than corresponds to 5 % of the votes                         periods completed under the latter legislation where that
        attached to all the shares ?                                         could result in the award of a greater old-age pension up
                                                                             until such time as the conditions laid down under the
                                                                             latter legislation are fulfilled ?
If Question 1 is answered in the negative :
2.      Are the aforementioned Articles of the Directive of
        such a character, as regards clarity and so forth, that
        they have the consequence that a national court must                 Reference for a preliminary ruling from the Cour de
        disregard a national provision having the tenor                      Cassation, Belgium, by judgment of that court of 25 June
        described above when called upon to examine the task                 1997 in the case of Marcel Schoonbroodt, Marc
        of examining the permissibility of an insurance                      Schoonbroodt and Transports A. M. Schoonbroodt v.
        company's investments of its free assets ?                                                          Belgian State
                                                                                                        ( Case C-247/97)
(') First Council Directive ( 73/239/EEC ) of 24 July 1993 on the
       coordination of laws, regulations and administrative                                                ( 97/C 252/46 )
       provisions relating to the taking-up and pursuit of the business
       of direct insurance other than life assurance ( OJ No L 228 ,
       16 . 8 . 1973 , p. 3 ).
 ( 2 ) Council Directive ( 92/49/EEC) of 18 June 1992 on the                 Reference has been made to the Court of Justice of the
       coordination of laws, regulations and administrative                  European Communities by a judgment of the Cour de
       provisions relating to direct insurance other than life assurance      Cassation ( Court of Cassation ), Belgium, of 25 June 1997,
       and amending Directives 73/329/EEC and 88/357/EEC ( OJ No             which was received at the Court Registry on 7 July 1997,
       L 228 , 11 . 8 . 1992 , p. 1 ).                                        for a preliminary ruling in the case of Marcel
 ( 3 ) First Council Directive ( 79/267/EEC ) of 5 March 1979 on the
                                                                              Schoonbroodt, Marc Schoonbroodt and Transports A. M.
       coordination of laws, regulations and administrative
       provisions relating to the taking up and pursuit of the business       Schoonbroodt v. Belgian State, on the following questions:
       of direct life assurance ( OJ No L 63 , 13 . 3 . 1979 , p. 1 .).
 ( 4 ) Council Directive ( 92/96/EEC ) of 10 November 1992 on the
       coordination of laws, regulations and administrative                   Are tanks fixed to containers equipped with a
       provisions relating to direct life assurance and amending              refrigeration system and intended for long-distance road
       Directives 79/267/EEC and 90/61 9/EEC ( OJ No L 360, 9 . 12 .
                                                                              haulage to be regarded as ' standard' tanks within the
       1992, p. 1 ).
                                                                              meaning of Article 112 of Regulation ( EEC ) No 918/83
                                                                              setting up a Community system of reliefs from customs
                                                                              duty (*), as amended by Regulation ( EEC ) No 1315/88 ( 2),
                                                                              where :