CELEX: C2002/109/13
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Second Chamber) 7 March 2002 in Case C-107/00 (Reference for a preliminary ruling from the Tribunal du Travail de Mons): Caterina Insalaca v Office national des pensions (ONP) (Social security — Articles 46 to 46c of Regulation (EEC) No 1408/71 — National rules against overlapping — Benefits of the same kind)

4.5.2002                 EN                     Official Journal of the European Communities                                             C 109/9
Article 10 of Council Directive 75/442/EEC of 15 July 1975                 preliminary ruling in the proceedings pending before that
on waste (OJ 1975 L 194, p. 39), as amended by Council                     court between Caterina Insalaca and Office National des
Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78,                       Pensions (ONP), on the interpretation of Articles 46a and 46b
p. 32), without making such exemption conditional upon                     of Council Regulation (EEC) No 1408/71 of 14 June 1971 on
satisfaction of the requirements laid down by Article 3(2) of              the application of social security schemes to employed persons,
Directive 91/689, the Italian Republic has failed to fulfil its            to self-employed persons and to members of their families
obligations under Article 11 of Directive 75/442, as amended               moving within the Community, as amended and updated by
by Directive 91/156, and under Article 3 of Directive 91/689,              Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
the Court (Second Chamber), composed of: N. Colneric,                      1983 L 230, p. 6), as amended by Council Regulation (EEC)
President of the Chamber, R. Schintgen and V. Skouris                      No 1248/92 of 30 April 1992 (OJ 1992 L 136, p. 7), the
(Rapporteur), Judges; J. Mischo, Advocate General; R. Grass,               Court (Second Chamber), composed of: N. Colneric, President
Registrar, has given a judgment on 21 February 2002, in                    of the Chamber, R. Schintgen (Rapporteur) and V. Skouris,
which it:                                                                  Judges; P. Léger, Advocate General; H. von Holstein, Deputy
                                                                           Registrar, has given a judgment on 7 March 2002, in which it
1.    Declares that, by exempting undertakings and establishments          has ruled:
      which carry out hazardous waste recovery operations covered by
      Council Directive 91/689/EEC of 12 December 1991 on
      hazardous waste from the permit requirement laid down by
      Article 10 of Council Directive 75/442/EEC of 15 July 1975
      on waste, as amended by Council Directive 91/156/EEC of
      18 March 1991, without making such exemption conditional
      upon satisfaction of the requirements laid down by Article 3(2)      1.   The legislation of a Member State governing the calculation of
      of Directive 91/689, the Italian Republic has failed to fulfil its        a survival pension and establishing a restriction of the ceiling
      obligations under the combined provisions of Article 11 of                fixed for the overlapping of a retirement and a survivor’s pension
      Directive 75/442, as amended by Directive 91/156, and                     where the surviving spouse can claim a survivor’s pension
      Article 3 of Directive 91/689;                                            payable by another Member State is a provision on reduction
                                                                                within the meaning of Articles 46a and 46b of Council
2.    Orders the Italian Republic to pay the costs.                             Regulation (EEC) No 1408/71 of 14 June 1971 on the
                                                                                application of social security schemes to employed persons, to
                                                                                self-employed persons and to members of their families moving
(1) OJ C 135 of 13.5.2000.                                                      within the Community, as amended and updated by Council
                                                                                Regulation (EEC) No 2001/83 of 2 June 1983, as amended
                                                                                by Council Regulation (EEC) No 1248/92 of 30 April 1992.
                  JUDGMENT OF THE COURT                                    2.   Articles 46a and 46b of Regulation No 1408/71 of 14 June
                                                                                1971, as amended and updated by Regulation No 2001/83,
                         (Second Chamber)                                       as amended by Regulation No 1248/92, preclude the appli-
                                                                                cation of the legislation of a Member State containing a
                            7 March 2002                                        provision against overlapping under which a survivor’s pension
                                                                                received in that Member State must be reduced because of a
                                                                                survivor’s pension acquired in another Member State, where the
in Case C-107/00 (Reference for a preliminary ruling from                       benefits payable in application the legislation of the first
the Tribunal du Travail de Mons): Caterina Insalaca v                           Member State are less favourable than those determined in
             Office national des pensions (ONP) (1)                             application of Article 46 of that regulation.
(Social security — Articles 46 to 46c of Regulation (EEC)
No 1408/71 — National rules against overlapping —
                     Benefits of the same kind)
                           (2002/C 109/13)
                                                                           (1) OJ C 149 of 27.5.2000.
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
In Case C-107/00: Reference to the Court under Article 234
EC by the Tribunal du Travail de Mons (Belgium) for a