CELEX: C1999/366/34
Language: en
Date: 1999-12-18 00:00:00
Title: Case C-393/99 and case C-394/99: Reference for a preliminary ruling by the Tribunal du Travail, Tournai (Section de Mouscron) by judgment of that court of 5 October 1999 in the case of Institut national d'assurances sociales pour travailleurs indépendants against Claude Hervein and Hervillier SA and Institut national d'assurances sociales pour travailleurs indépendants against Guy Lorthiois and Comtexbel SA

18.12.1999            EN                    Official Journal of the European Communities                                         C 366/21
Reference for a preliminary ruling by the Tribunal du                  Action brought on 13 October 1999 by the Commission
Travail, Tournai (Section de Mouscron) by judgment of                  of the European Communities against the Hellenic Repub-
that court of 5 October 1999 in the case of Institut                                                   lic
national d’assurances sociales pour travailleurs indépen-
dants against Claude Hervein and Hervillier SA and
Institut national d’assurances sociales pour travailleurs                                      (Case C-397/99)
  indépendants against Guy Lorthiois and Comtexbel SA
                                                                                               (1999/C 366/35)
              (Case C-393/99 and case C-394/99)
                                                                       An action against the Hellenic Republic was brought before
                         (1999/C 366/34)                               the Court of Justice of the European Communities on
                                                                       13 October 1999 by the Commission of the European Com-
                                                                       munities, represented by Dimitris Triantafillos and Barry
Reference has been made to the Court of Justice of the                 Doherty, of its Legal Service, with an address for service in
European Communities by judgment of the Tribunal du                    Luxembourg at the office of Carlos Gómez de la Cruz, of its
Travail, Tournai (Section de Mouscron) (Labour Court, Tournai,         Legal Service, Wagner Centre, Kirchberg.
Mouscron section) of 5 October 1999, received at the Court
Registry on 13 October 1999, for a preliminary ruling in the
case of                                                                The Commission claims that the Court should:
— Institut national d’assurances sociales pour travailleurs            — declare that, by not adopting within the time-limit laid
    indépendants against Claude Hervein and Hervillier SA and              down all the measures necessary in order to comply with
                                                                           Article 2(2) of Directive 96/2/EC (1) with regard to mobile
                                                                           and personal communications, in conjunction with the
— Institut national d’assurances sociales pour travailleurs                second and third paragraphs of Article 3a of Directive
    indépendants against Guy Lorthiois and Comtexbel SA                    90/388/EEC on competition in the markets for telecom-
                                                                           munications services, as amended by Directive 96/2/EC,
on the following questions.                                                the Hellenic Republic has failed to fulfil its obligations
                                                                           under the Treaty and those directives;
Pleas in law and main arguments                                        — order the Hellenic Republic to pay the costs.
1. Is Article 14c(l)b of Council Regulation No 1408/71 of
    14 June 1971 on the application of social security schemes
    to employed persons, to self-employed persons and to               Pleas in law and main arguments
    members of their families moving within the Community,
    as amended and updated by Council Regulation (EEC)
    No 2001/83 of 2 June 1983 (1) and Annex VII to Regu-               The Member States are required by the binding character of
    lation No 1408/71, to be declared invalid in the light of          the third paragraph of Article 249 and Article 10 EC (ex third
    Articles 48 and 52 of the Treaty inasmuch as it provides           paragraph of Article 189 and Article 5 of the EC Treaty) to
    that persons who pursue an activity as employees in one            adopt the measures needed to transpose directives into national
    Member State and an activity as self-employed persons in           law before the expiry of the period laid down for that purpose
    another Member State are subject to the legislation of both        and to communicate those measures immediately to the
    those Member States?                                               Commission.
2. Can that invalidity be relied on to call into question              Up until now the Hellenic Republic has not adopted the
    membership and contributions due under the provision               measures necessary in order to implement fully Article 2(2) of
    found to be invalid for periods which predate delivery of          Directive 96/2/EC and the second and third paragraphs of
    the judgment finding it to be invalid, except (if the answer       Article 3a of Directive 90/388/EEC, as amended by Directive
    is no) as regards workers or persons entitled under them           96/2/EC, which had to be implemented no later than 15 Febru-
    who have already brought legal proceedings or made an              ary 1996; it has thereby failed to fulfil its obligations under the
    equivalent claim under national law before that date?              Treaty and those directives.
(1) OJ 1983 L 230, p. 6.                                               (1) OJ No L 20 of 26.1.1996, p. 59.