CELEX: C2000/122/07
Language: en
Date: 2000-04-29 00:00:00
Title: Order of the Court (Third Chamber) of 16 December 1999 in Case C-170/99 P, Clauni SA and Others v Commission of the European Communities (Partly manifestly inadmissible and partly manifestly unfounded appeal)

C 122/4                   EN                    Official Journal of the European Communities                                           29.4.2000
legislation, the French Republic has failed to fulfil its obli-            who, by virtue of Council Regulation (EEC) No 1408/71 of
gations under Articles 48 and 52 of the EC Treaty (now, after              14 June 1971 on the application of social security schemes to
amendment, Articles 39 EC and 43 EC) and Article 13 of the                 employed persons, to self-employed persons and to members
said regulation — the Court, composed of: G.C. Rodrı́guez                  of their families moving within the Community, as amended
Iglesias, President, J.C. Moitinho de Almeida (Rapporteur),                and updated by Council Regulation (EC) No 118/97 of
D.A.O. Edward, L. Sevón, R. Schintgen (Presidents of Cham-                2 December 1996 (OJ 1997 L 28, p. 1), are not subject to
bers), C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann, H. Rag-           French social security legislation, the French Republic has
nemalm and M. Wathelet, Judges; A. La Pergola, Advocate                    failed to fulfil its obligations under Articles 48 and 52 of the
General ; H. von Holstein, Deputy Registrar, has given a                   EC Treaty (now, after amendment, Articles 39 EC and 43 EC)
judgment on 15 February 2000, in which it:                                 and Article 13 of the said regulation — the Court, composed
                                                                           of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida
1. Declares that, by applying the social debt repayment contribution       (Rapporteur), D.A.O. Edward, L. Sevón, R. Schintgen (Presi-
    to the employment income and substitute income of employed             dents of Chambers), C. Gulmann, J.-P. Puissochet, G. Hirsch,
    and self-employed persons resident in France but working in            P. Jann, H. Ragnemalm and M. Wathelet, Judges; A. La Pergola,
    another Member State who, by virtue of Council Regulation              Advocate General; H. von Holstein, Deputy Registrar, has given
    (EEC) No 1408/71 of 14 June 1971 on the application of                 a judgment on 15 February 2000, in which it:
    social security schemes to employed persons, to self-employed
    persons and to members of their families moving within the             1. Declares that, by applying the general social contribution to the
    Community, as amended and updated by Council Regulation                     employment income and substitute income of employed and
    (EC) No 118/97 of 2 December 1996, are not subject to French                self-employed persons resident in France but who, by virtue of
    social security legislation, the French Republic has failed to fulfil       Council Regulation (EEC) No 1408/71 of 14 June 1971 on
    its obligations under Article 13 of that regulation and under               the application of social security schemes to employed persons, to
    Articles 48 and 52 of the EC Treaty (now, after amendment,                  self-employed persons and to members of their families moving
    Articles 39 EC and 43 EC);                                                  within the Community, as amended and updated by Council
                                                                                Regulation (EC) No 118/97 of 2 December 1996, are not
2. Orders the French Republic to pay the costs.                                 subject to French social security legislation, the French Republic
                                                                                has failed to fulfil its obligations under Article 13 of that
                                                                                regulation and under Articles 48 and 52 of the EC Treaty (now,
(1) OJ C 94 of 28.3.1998.                                                       after amendment, Articles 39 EC and 43 EC);
                                                                           2. Orders the French Republic to pay the costs.
                                                                           (1) OJ C 278 of 5.9.1998.
                  JUDGMENT OF THE COURT
                         of 15 February 2000
in Case C-169/98: Commission of the European Communi-                                           ORDER OF THE COURT
                      ties v French Republic (1)
                                                                                                     (Third Chamber)
   (Social security — Financing — Legislation applicable)
                                                                                                  of 16 December 1999
                           (2000/C 122/06)
                                                                           in Case C-170/99 P, Clauni SA and Others v Commission
                                                                                           of the European Communities (1)
                     (Language of the case: French)
                                                                           (Partly manifestly inadmissible and partly manifestly
                                                                                                    unfounded appeal)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                      (2000/C 122/07)
In Case C-169/98: Commission of the European Communities
(Agents: P. Hillenkamp and H. Michard) v French Republic
                                                                                                (Language of the case: French)
(Agents: K. Rispal-Bellanger and C. Chavance) — application
for a declaration that, by applying the general social contri-
bution to the employment income and substitute income of                   In Case C-170/99 P, Clauni SA, established at Le Passage
employed and self-employed persons resident in France but                  (France), Jean-Marie Bissières, residing at La Croix Blanche
 ---pagebreak--- 29.4.2000              EN                      Official Journal of the European Communities                                       C 122/5
(France), Loma SA, formerly SA Lomagenais, established at                 Chamber), composed of J.C. Moitinho de Almeida, President
Penne D’Agenais (France), and André Lompech, residing at                  of the Chamber, C. Gulmann and F. Macken (Rapporteur),
Penne D’Agenais (France), represented by Daniel Veyssiere, of             Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
the Agen Bar, with an address for service in Luxembourg at                Registrar, has made an order on 20 January 2000 in which it:
the Chambers of Aloise May, 31 Grand-Rue — appeal against
the order of the Court of First Instance (Fourth Chamber)                 1. Dismisses the appeal;
of 9 March 1999, Clauni and Others v Commission (Case
T-205/98, not yet published in the ECR), seeking to have that             2. Orders Clauni SA, Loma SA and Messrs Bissières and Lompech
order set aside, the other party to the proceedings being                     to pay the costs.
Commission of the European Communities (Agent: R. Tricot),
— the Court (Third Chamber), composed of J.C. Moitinho de
Almeida, President of the Chamber, J.-P. Puissochet, and                  (1) OJ C 226 of 7.8.1999.
F. Macken, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has made an order on 16 December 1999,
the operative part of which is as follows:
1. The appeal is dismissed.
2. Clauni SA, Loma SA, Mr Bissières and Mr Lompech are ordered
                                                                                              ORDER OF THE COURT
    to pay the costs.
                                                                                                 (Third Chamber)
(1) OJ C 226 of 7.8.1999.
                                                                                                of 27 January 2000
                                                                          in Case C-341/98 P: Proderec — Formaçao e Desenvolvi-
                                                                          mento de Recursos Humanos, ACE v Commission of the
                                                                                             European Communities (1)
                    ORDER OF THE COURT                                    (Appeal — European Social Fund — Decisions to reduce
                                                                          two amounts of Community assistance — Appeal in part
                                                                           manifestly inadmissible and in part manifestly unfounded)
                        (Third Chamber)
                                                                                                  (2000/C 122/09)
                       of 20 January 2000
in Case C-171/99 P: Clauni and Others v Commission of                                      (Language of the case: Portuguese)
                 the European Communities (1)
                                                                          In Case C-341/98 P: Proderec — Formaçao e Desenvolvimento
(Appeal in part manifestly inadmissible and in part mani-                 de Recursos Humanos, ACE, established at Almada (Portugal),
                        festly unfounded)                                 represented by M. Rodrigues, of the Lisbon Bar — appeal
                                                                          against the judgment of the Court of First Instance of the
                                                                          European Communities of 16 July 1998 in Case T-72/97
                         (2000/C 122/08)                                  Proderec — Formaçao e Desenvolvimento de Recursos
                                                                          Humanos, ACE v Commission [1998] ECR II-2847, seeking to
                                                                          have that judgment set aside, the other party to the proceedings
                    (Language of the case: French)                        being Commission of the European Communities (Agents:
                                                                          T. Figueira and K. Simonsson), the Court (Third Chamber),
                                                                          composed of J.C. Moitinho de Almeida, President of the
In Case C-171/99 P: Clauni SA, established at Le Passage                  Chamber, J.-P. Puissochet and F. Macken (Rapporteur), Judges;
(France), Jean-Marie Bissières, residing at La Croix Blanche              G. Cosmas, Advocate General; R. Grass, Registrar, has made an
(France), Loma SA, formerly Lomagenais SA, established at                 order on 27 January 2000 in which it:
Penne d’Agenais (France) and André Lompech, residing at
Penne d’Agenais, represented by D. Veyssière, of the Agen Bar,            1. Dismisses the appeal;
with an address for service in Luxembourg at the Chambers
of A. May, 31 Grand-rue, v Commission of the European                     2. Orders Proderec — Formaçao e Desenvolvimento de Recursos
Communities (Agent: R. Tricot) — appeal against the judgment                  Humanos, ACE to pay the costs.
of the Court of First Instance of the European Communities
(Fourth Chamber) of 9 March 1999 in Case T-206/98 Clauni
and Others v Commission, not yet published in the European                (1) OJ C 340 of 7.11.1998.
Court Reports, seeking to have that judgment set aside, the
other party to the proceedings being Commission of the
European Communities (Agent: R. Tricot), the Court (Third