CELEX: C1999/048/17
Language: en
Date: 1999-02-20 00:00:00
Title: Reference for a preliminary ruling by the Corte di Appello di Napoli by order of that court of 29 October 1998 in the case brought by Alfredo Albore (Case C-423/98)

20.2.1999             EN                 Official Journal of the European Communities                                   C 48/9
van State (Council of State) of 19 November 1998,                   The applicant claims that the Court should:
received at the Court Registry on 23 November 1998, for
a preliminary ruling in the case of W. N. against
Staatssecretaris van FinancieÈn on the following questions:         (a) declare that the Italian Republic
1. Must the words a loss of tax' in Article 4(1)(a) of
                                                                        Ð by requiring family members of beneficiaries of
     Council Directive 77/799/EEC (1) be interpreted as
                                                                            Directive 90/364/EEC (1) to have resources
     meaning that the loss of tax in question necessarily
                                                                            one-third higher in amount than the minimum
     arises from an express act on the part of the
                                                                            which family members of beneficiaries of Directive
     competent authority of another Member State?
                                                                            90/365/EEC (2) must have;
2. How should the word abnormaal' in the Dutch
     version of that provision be interpreted in that                   Ð by limiting the methods of proof which may be
     connection?                                                            submitted and, in particular, by providing that
                                                                            certain documents must be issued or certified by
                                                                            the authorities of another Member State; and
3. If Article 4(1)(a) is not applicable, can Article 4(3) of
     the directive give rise to an obligation to exchange
     information spontaneously?                                         Ð by requiring students, who are citizens of other
                                                                            Member States, requesting recognition of their
                                                                            right of residence in Italy within the meaning of
(1) OJ L 336, 27.12.1977, p. 15.                                            Directive 93/96/EEC (3) and members of their
                                                                            family to guarantee to the Italian authorities that
                                                                            they have resources of a certain amount and, as
                                                                            regards the means to be used for that purpose, not
                                                                            clearly leaving the student a choice between
                                                                            making a declaration or such alternative means as
                                                                            are at least equivalent, and by not allowing the
Reference for a preliminary ruling by the Corte di Appello
                                                                            declaration to be used where the student is
di Napoli by order of that court of 29 October 1998 in
                                                                            accompanied by members of his family
             the case brought by Alfredo Albore
                       (Case C-423/98)
                        (1999/C 48/17)                                  has failed to fulfil its obligations under the
                                                                        above-mentioned Council Directives 90/364/EEC (1),
                                                                        90/365/EEC (2) and 93/96/EEC (3);
Reference has been made to the Court of Justice of the
European Communities by order of the Corte di Appello
di Napoli (Appeal Court, Naples) of 29 October 1998,                (b) order the Italian Republic to pay the costs.
which was received at the Court Registry on 25 November
1998, for a preliminary ruling in the case brought by
Alfredo Albore on a question as to the compatibility of
                                                                    Pleas in law and main arguments adduced in support
Article 18 of Law No 898/1976, as amended by Article 9
of Law No 104/1990, with Articles 6, 52 and 67 of the
Treaty.
                                                                    Ð The amount of family members' income
                                                                        The Commission considers that by requiring family
                                                                        members of beneficiaries of Directive 90/364/EEC to
                                                                        have resources one-third higher in amount than the
Action brought on 25 November 1998 by the Commission                    minimum which family members of beneficiaries of
 of the European Communities against the Italian Republic               Directive 90/365/EEC must have, the Italian Republic
                       (Case C-424/98)                                  has failed to fulfil its obligations under Directive
                                                                        90/364/EEC.
                        (1999/C 48/18)
An action against the Italian Republic was brought before           Ð The documents which beneficiaries of
the Court of Justice of the European Communities on                     Directives 90/364/EEC and 90/365/EEC
25 November 1998 by the Commission of the European                      must submit
Communities, represented by Antonio Aresu, of its Legal
Service, acting as Agent, with an address for service in
Luxembourg at the Office of Carlos Gómez de la Cruz,                    The Commission considers that, by limiting the
Wagner Centre, Kirchberg.                                               methods of proof which may be submitted, and by