CELEX: C1997/094/02
Language: en
Date: 1997-03-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 30 January 1997 in Case C-221/95 (reference for a preliminary ruling from the Tribunal du Travail, Tournai): Institut National d'Assurances Sociales pour Travailleurs Indépendants (Inasti) v. Claude Hervein, Hervillier SA (Social security for migrant workers - Determination of the legislation applicable - Definition of employed and self-employed)

22 . 3 . 97            EN                  Official Journal of the European Communities                                    No C 94/1
                                                                    I
                                                             (Information)
                                                COURT OF JUSTICE
                                                          COURT OF JUSTICE
                JUDGMENT OF THE COURT                                  on structural improvements in inland waterway transport,
                          (Fifth Chamber)                              and the addressee has not brought an action under the
                                                                       fourth paragraph of Article 1 73 of the EC Treaty against
                        of 30 January 1997                             the decision within the time limit prescribed, that decision
in Case C-l 78/95 (reference for a preliminary ruling from             is binding on the national court.
the Rechtbank van Koophandel, Antwerp): Wiljo NV v.
                          Belgian State (')                             1 OJ No C 189,22 . 7. 1995 .
 (Structural improvements in inland waterway transport —
 Special contribution — Exclusion of 'specialized vessels'
— Commission decision rejecting an application for
 exemption — Decision not contested under Article 1 73 of
 the Treaty — Validity of the decision then contested
                     before the national court)                                       JUDGMENT OF THE COURT
                                                                                                (Fifth Chamber)
                            ( 97/C 94/01 )
                                                                                              of 30 January 1997
                 (Language of the case: Dutch)                        in Case C-221/95 (reference for a preliminary ruling from
                                                                      the Tribunal du Travail, Tournai): Institut National
  (Provisional translation; the definitive translation will be        d'Assurances Sociales pour Travailleurs Indépendants
           published in the European Court Reports)                             (Inasti ) v. Claude Hervein, Hervillier SA (')
                                                                       (Social security for migrant workers — Determination of
In Case C-l 78/95 : reference to the Court under Article 177           the legislation applicable — Definition of employed and
of the EC Treaty from the Rechtbank van Koophandel                                               self-employed)
( Commercial Court), Antwerp ( Belgium), for a                                                     97/C 94/02 )
preliminary ruling in the proceedings pending before that
court between Wiljo NV and Belgian State — on the
                                                                                        (Language of the case: French)
interpretation of Council Regulation ( EEC ) No 1101/89 of
27 April 1989 on structural improvements in inland
waterway transport ( OJ No L 116, 28 . 4. 1989, p. 25 )                  (Provisional translation; the definitive translation will be
and on the validity of the Commission's decision of 6 May                       published in the European Court Reports)
1993 rejecting an application for exemption from the
special contribution to the scrapping fund set up by                  In Case C-221 /95 : reference to the Court under Article 177
Article 8 ( 1 ) ( a ) of that Regulation — the Court ( Fifth          of the EC Treaty from the Tribunal du Travail ( Labour
Chamber), composed of: C. Gulmann, acting for the                     Court), Tournai ( Belgium), for a preliminary ruling in the
President of the Chamber (Rapporteur), D. A. O. Edward,               proceedings pending before that court between Institut
J.-R Puissochet, P. Jann and M. Wathelet, Judges; F. G.               National d'Assurances Sociales pour Travailleurs Indépen­
Jacobs, Advocate-General; D. Louterman-Hubeau,                        dants (Inasti ) and Claude Hervein, Hervillier SA — on the
Principal Administrator, for the Registrar, has given a               interpretation of Article 14a (2 ) of Council Regulation
judgment on 30 January 1997, in which it has ruled:                   ( EEC ) No 1408/71 of 14 June 1971 on the application of
                                                                      social security schemes to employed persons, to self­
Where a Commission decision has been addressed to the                 employed persons and to members of their families
owner of a vessel, finding that his vessel is not a                   moving within the Community, as amended and updated
specialized vessel within the meaning of Article 8 (3) (c) of         by Regulation ( EEC) No 2001/83 ( OJ No L 230, 22. 8 .
Council Regulation (EEC) No 1101 /89 of 27 April 1989                 1983 , p. 6 ) — the Court ( Fifth Chamber), composed of: L.
 ---pagebreak--- No C 94/2              EN                  Official Journal of the European Communities                                     22 . 3 . 97
Sevón, President of the First Chamber, acting for the                 quarter of 1995 as a result of tropical storm Debbie ( OJ
President of the Fifth Chamber, D. A. O. Edward, J.-P.                No L 51 , 8 . 3 . 1995 , p. 8 ) — the Court, composed of:
Puissochet ( Rapporteur), P. Jann and M. Wathelet, Judges;            G. C. Rodriguez Iglesias, President, G. E Mancini, J. C.
D. Ruiz-Jarabo Colomer, Advocate-General; R. Grass,                   Moitinho de Almeida ( Rapporteur) and J. L. Murray
Registrar, has given a judgment on 30 January 1997, in                (Presidents of Chambers), P. J. G. Kapteyn, C. Gulmann,
which it has ruled :                                                  D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P. Jann and
                                                                      H. Ragnemalm, Judges; M. B. Elmer, Advocate-General;
                                                                      D. Louterman-Hubeau, Principal Administrator, for the
For the purposes of Articles 14a and 14c of Council                   Registrar, has given a judgment on 4 February 1997, in
Regulation (EEC) No 1408/71 of 14 June 1971 on the                    which it:
application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended and                  I . dismisses the applications;
updated by Regulation (EEC) No 2001 /83, 'employed'
and 'self-employed' should be understood to refer to                  2 . orders the applicants to pay the costs;
activities which are regarded as such for the purposes of
the social security legislation of the Member State in                3.   orders the interveners to bear their own costs.
whose territory those activities are pursued.
                                                                      (') OJ No C 54, 4 . 3 . 1995 .
(') OJ No C 208 , 12 . 8 . 1995 .                                         OJ No C 74, 25, 3 . 1995 .
                                                                          OJ No C 208 , 12 . 8 . 1995
               JUDGMENT OF THE COURT
                       of 4 February 1997                                            JUDGMENT OF THE COURT
                                                                                                (Fifth Chamber)
in Joined Cases C-9/95 , C-23/95 and C-156/95 : Kingdom
of Belgium and Federal Republic of Germany v.                                                 of 6 February 1997
Commission of the European Communities, supported by                  in Case C-205/96:             Commission of the European
the United Kingdom of Great Britain and Northern                                 Communities v. Kingdom of Belgium (')
            Ireland and by the French Republic ( 1 )
                                                                      (Directive 92/42/EEC on efficiency requirements for new
(Bananas — Common organization of the markets —                       hot-water boilers fired with liquid or gaseous fuels —
Natural disaster — Import quota — Adjustment and                                              Non-transposition)
                              allocation)
                                                                                                  ( 97/C 94/04 )
                            ( 97/C 94/03 )
                                                                                      (Language of the case: French)
         (Languages of the case: Dutch and German)
                                                                        (Provisional translation; the definitive translation will be
  (Provisional translation; the definitive translation will be                  published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-205/96: Commission of the European
In Joined Cases C-9/95 , C-23/95 and C-156/95 : Kingdom               Communities (Agents: Richard Wainwright and Jean­
of Belgium (Agent: J. Devadder ) and Federal Republic of              Francis Pasquier) v. Kingdom of Belgium (Agent:
Germany (Agent: E. Röder) v. Commission of the                        Raymonde Foucart) — application for a declaration that,
European Communities ( Cases C-9/95 and C-156/95 —                    by failing to adopt within the prescribed period the laws,
Agent: T. van Rijn; Case C-23/95 — Agents : D. Booß and               regulations and administrative provisions necessary to
K.-D . Borchardt) supported in Cases C-9/95 , C-23/95 and             comply with Council Directive 92/42/EEC of 21 May
C-156/95 by the United Kingdom of Great Britain and                   1992 on efficiency requirements for new hot-water boilers
Northern Ireland (Agent: S. Braviner, assisted by D.                  fired with liquid or gaseous fuels ( OJ No L 167, 22 . 6 .
Anderson) and in Case C-156/95 by the French Republic                 1992, p. 17), the Kingdom of Belgium has failed to fulfil
(Agents: C. de Salins and F. Pascal — application for the             its obligations under the EC Treaty — the Court ( Fifth
annulment — in Cases C-9/95 and C-23/95, of                           Chamber), composed of: J. C. Moitinho de Almeida
Commission Regulation ( EC) No 2791 /94 of 16 November                ( Rapporteur), President of the Chamber, C. Gulmann and
1994 on the exceptional allocation of a quantity                      D. A. O. Edward, Judges; N. Fennelly, Advocate-General;
additional to the tariff quota for imports of bananas in              R. Grass, Registrar, has given a judgment on 6 February
                                                                      1997, in which it:
1994 as a result of tropical storm Debbie ( OJ No L 296,
17. 11 . 1994, p. 33 ) and — in Case C-156/95, of
Commission Regulation (EC ) No 510/95 of 7 March 1995                 1 . declares that, by failing to adopt within the prescribed
on the exceptional allocation of a quantity additional to                  period the laws, regulations and administrative
the tariff quota for imports of bananas during the first                   provisions necessary to comply with Council Directive