CELEX: C1997/026/03
Language: en
Date: 1997-01-25 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 24 October 1996 in Case C-335/95 (reference for a preliminary ruling from the Cour du travail, Liège): Institut national d'assurances sociales pour travailleurs indépendants (Inasti) v. Michel Picard (Social security for migrant workers - Old-age and death insurance - Benefits - Concurrent award of pensions under the legislation of two Member States - Automatic award on submission of a claim to the competent institution of one of the Member States - Claim to be made to the institution of the Member State of residence in order to obtain award of both pensions concurrently)

No c 26 /2            IEN                 Official Journal of the European Communities                                       25 . 1 . 97
a preliminary ruling in the proceedings pending before                                 JUDGMENT OF THE COURT
that court between Societe sucriere agricole de Maizy,                                           (Third Chamber)
Societe     sucriere   de Berneuil-sur-Aisne   and   Directeur
regional des impôts — on the interpretation of the                                            of 24 October 1996
Community rules relating to various levies in the sugar
sector — the Court (Fourth Chamber), composed of: C. N.              in Case C-335/95 (reference for a preliminary ruling from
Kakouris, acting for the President of the Fourth Chamber             the Cour du travail, Liège ): Institut national d'assurances
                                                                     sociales pour travailleurs indépendants (Inasti ) v. Michel
( Rapporteur ), P. J. G. Kapteyn and H. Ragnemalm,                                                      Picard i 1 )
Judges; M. B. Elmer, Advocate-General; H. A. Riihl ,
Principal Administrator, for the Registrar, has given a              (Social security for migrant workers — Old-age and death
judgment on 24 October 1996 , in which it has ruled:                 insurance — Benefits — Concurrent award of pensions
                                                                     under the legislation of two Member States — Automatic
                                                                     award on submission of a claim to the competent
                                                                     institution of one of the Member States — Claim to be
 1 . Article 8 (2), third subparagraph (a), of Council
                                                                     made to the institution of the Member State of residence
      Regulation (EEC) No 1785/81 of 30 June 1981 on the
      common organization of the markets in the sugar                    in order to obtain award of both pensions concurrently)
      sector and Article 6 (4) of Council Regulation (EEC)                                           ( 97/C 26/03 )
      No 1358/77 of 20 June 1977 laying down general
      rules for offsetting storage costs for sugar and
      repealing Regulation (EEC) No 750/68 must be                                       (Language of the case: French)
      interpreted as meaning that the prescribed conditions
      for materialization of the obligation to pay the storage
      levy are satisfied when the sugar is disposed of.                  (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
 2 . Article 28 (3) and (4) of Regulation (EEC) No 1785/              In Case C-335/95 : reference to the Court pursuant to
      81 must be interpreted as meaning that the prescribed           Article 177 of the EC Treaty from the Cour du travail
      conditions for materialization of the obligation to pay         ( Labour Court), Liege ( Belgium ), for a preliminary ruling
      the production levies thereby imposed are satisfied             in the proceedings pending before that court between
      when sugar production is calculated at the end of each          Institut national d'assurances sociales pour travailleurs
      marketing year.                                                 independants (Inasti ) and Michel Picard — on the
                                                                      interpretation of Article 36 of Regulation (EEC) No 574/
                                                                      72 of the Council of 21 March 1972 laying down the
  3 . Article 32a (1 ) of Regulation (EEC) No 1785/81 , as            procedure for implementing Regulation ( EEC ) No 1408/
      amended by Council Regulation (EEC) No 934/86 of                71 on the application of social security schemes to
       24 March 1986, and Article 1 (I ) of Commission                employed persons, self-employed persons and members of
       Regulation (EEC) No 3046/86 of 3 October 1986                  their families moving within the Community, as amended
       laying down detailed rules concerning the collection of         and updated by Council Regulation ( EEC ) No 2001 /83 of
       the elimination levy in the sugar sector must be                2 June 1983 ( 2) — the Court (Third Chamber), composed
       interpreted as meaning that the prescribed conditions           of: J. C. Moitinho de Almeida ( Rapporteur), President of
       for materialization of the obligation to pay the                the Chamber, C. Gulmann and J. -P. Puissochet, Judges; A.
       elimination levy are satisfied when sugar production is         La Pergola, Advocate-General; R. Grass, Registrar, has
       calculated at the end of each of the marketing years            given a judgment on 24 October 1996 , in which it has
       from 1986/87 to 1990/91 .                                       ruled :
                                                                       Article 36 (4) of Regulation (EEC) No 574/72 of the
  4 . Article 1 of Council Regulation (EEC) No 1914/87 of               Council of 21 March 1972 laying down the procedure for
       2 July 1987 introducing a special elimination levy in            implementing Regulation (EEC) No 1408/71 on the
        the sugar sector for the 1986/87 marketing year and            application of social security schemes to employed
       Articles 1 and 2 of Commission Regulation (EEC)                  persons, self-employed persons and members of their
        No 3061 /87 of 13 October 1987 fixing the coefficient           families moving within the Community, as amended and
        for the calculation of the special elimination levy in          updated by Council Regulation (EEC) No 2001 /83 of
        the sugar sector for the 1986/87 marketing year must            2 June 1983, which provides for the concurrent award of
        be interpreted as meaning that the prescribed                   benefits when a claim for benefits is submitted to an
        conditions for materialization of the obligation to pay         institution of a Member State, lays down an independent
        the special elimination levy are satisfied when sugar           procedural rule which applies regardless of whether the
        production is calculated at the end of the 1986/87              provisions of Article 36 (1 ) to (3) have been complied
        marketing year.                                                 with .
   (M OJ No C 189, 22 . 7. 1995 .                                        ( 1 ) OJ No C 351 , 30 . 12 . 1995 .
                                                                         ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 86 .