CELEX: C1999/048/10
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 December 1998 in Case C-153/97 (reference for a preliminary ruling from the Tribunal Supremo): Aristóteles Grajera Rodríguez v. Instituto Nacional de la Seguridad Social (INSS), and Tesorería General de la Seguridad Social (TGSS) (Social security - Old-age pensions - Calculation of benefits - Heading D, paragraph 4, of Annex VI to Regulation (EEC) No 1408/71)

20.2.1999            EN                   Official Journal of the European Communities                                       C 48/5
              JUDGMENT OF THE COURT                                       of the assessment of risks is not contrary to that
                    of 17 December 1998                                   directive where it constitutes a more stringent measure
                                                                          for the protection of working conditions authorised by
in Case C-2/97 (reference for a preliminary ruling from                   Article 118(a)(3) of the EC Treaty and Directive
the Tribunale di Genova): SocietaÁ Italiana Petroli SpA (IP)              90/394/EEC.
                       v. Borsana Srl (1)
(Social policy Ð Protection of safety and health of                  2. Article 4 of Council Directive 89/655/EEC of
workers Ð Use of work equipment Ð Risks related to                        30 November 1989 concerning the minimum safety
exposure to carcinogens Ð Directives 89/655/EEC and                       and health requirements for the use of work
                         90/394/EEC)                                      equipment by workers at work (Second individual
                        (1999/C 48/09)                                    Directive within the meaning of Article 16(1) of
                                                                          Directive 89/391/EEC) does not preclude a Member
                                                                          State from setting a time-limit for adapting existing
               (Language of the case: Italian)                            working equipment that expires before 31 December
                                                                          1996, provided that the time-limit is not so short that
                                                                          it does not enable employers to effect such adaptation
 (Provisional translation; the definitive translation will be             or entail a cost that is clearly excessive as compared
         published in the European Court Reports)                         with what they would have had to meet if the
                                                                          time-limit had been longer.
In Case C-2/97: reference to the Court under Article 177             (1) OJ C 94, 22.3.1997.
of the EC Treaty from the Tribunale di Genova for a
preliminary ruling in the proceedings pending before that
court between SocietaÁ Italiana Petroli SpA (IP) and
Borsana Srl Ð on the interpretation of Article 4 of
Council Directive 89/655/EEC of 30 November 1989
concerning the minimum safety and health requirements
for the use of work equipment by workers at work                                    JUDGMENT OF THE COURT
(Second individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (OJ L 393,                                            (Fifth Chamber)
30.12.1989, p. 13) and Articles 3, 4 and 5 of Council
                                                                                         of 17 December 1998
Directive 90/394/EEC of 28 June 1990 on the protection
of workers from the risks related to exposure to                     in Case C-153/97 (reference for a preliminary ruling from
carcinogens at work (Sixth individual Directive within the           the Tribunal Supremo): Aristóteles Grajera Rodríguez v.
meaning of Article 16(1) of Directive 89/391/EEC) (OJ                Instituto Nacional de la Seguridad Social (INSS), and
L 196, 26.7.1990, p. 1) Ð the Court, composed of: G. C.                   Tesorería General de la Seguridad Social (TGSS) (1)
Rodríguez, President, P. J. G. Kapteyn, J.-P. Puissochet, G.
Hirsch and P. Jann, Presidents of Chambers, G. F.                    (Social security Ð Old-age pensions Ð Calculation of
Mancini, J. C. Moitinho de Almeida (Rapporteur), D. A. O.            benefits Ð Heading D, paragraph 4, of Annex VI to
Edward, H. Ragnemalm, R. Schintgen and K. M.                                         Regulation (EEC) No 1408/71)
Ioannou, Judges; J. Mischo, Advocate-General; L.                                              (1999/C 48/10)
Hewlett, Administrator, for the Registrar, has given a
judgment on 17 December 1998, in which it has ruled:
                                                                                    (Language of the case: Spanish)
1. Article 4 of Council Directive 90/394/EEC of 28 June
    1990 on the protection of workers from the risks
    related to exposure to carcinogens at work (Sixth                  (Provisional translation; the definitive translation will be
    individual Directive within the meaning of                                 published in the European Court Reports)
    Article 16(1) of Directive 89/391/EEC) must be
    interpreted to the effect that the employer's obligation
    to reduce or replace a carcinogen is not contingent on           In Case C-153/97: reference to the Court under Article 177
    the outcome of the assessment of risks referred to in            of the EC Treaty from the Tribunal Supremo (Supreme
    Article 3 of that directive.                                     Court) (Spain) for a preliminary ruling in the proceedings
                                                                     pending before that court between Aristóteles Grajera
                                                                     Rodríguez and Instituto Nacional de la Seguridad Social
    Article 5 of Directive 90/394/EEC must be interpreted            (INSS), and Tesorería General de la Seguridad Social
    to the effect that the employer's obligation to avoid or         (TGSS) Ð on the validity of heading D, paragraph 4, of
    reduce exposure to a carcinogen is contingent on the             Annex VI to Council Regulation (EEC) No 1408/71 of
    outcome of the assessment of risks referred to in                14 June 1971 on the application of social security schemes
    Article 3 of that directive.                                     to employed persons, to self-employed persons and to
                                                                     members of their families moving within the Community,
                                                                     as amended and updated by Regulation (EEC) No 2001/83
    A national provision which requires the employer to              (OJ L 230, 22.8.1984, p. 6), as adapted by part VIII of
    reduce workers' exposure to a carcinogen irrespective            Annex I to the Act concerning the conditions of accession
 ---pagebreak--- C 48/6               EN                   Official Journal of the European Communities                                    20.2.1999
of the Kingdom of Spain and the Portuguese Republic and              English Special Edition 1969 (II), p. 412) Ð the Court
the adjustments to the Treaties (OJ L 302, 15.11.1985,               (Sixth Chamber), composed of: P. J. G. Kapteyn, President
p. 23) and as subsequently amended by Council                        of the Chamber, J. L. Murray, H. Ragnemalm
Regulation (EEC) No 1248/92 (OJ L 136, 19.5.1992, p. 7),             (Rapporteur), R. Schintgen and K. M. Ioannou, Judges; S.
and on the interpretation of that regulation Ð the Court             Alber, Advocate-General; H. von Holstein, Deputy
(Fifth Chamber), composed of: J.-P. Puissochet                       Registrar, for the Registrar, has given a judgment on
(Rapporteur), President of the Chamber, J. C. Moitinho de            17 December 1998, in which it has ruled:
Almeida, C. Gulmann, D. A. O. Edward and M. Wathelet,
Judges; A. La Pergola, Advocate-General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on            Article 12(1)(a) of Directive 69/335/EEC of the Council of
17 December 1998, in which it has ruled:                             17 July 1969 concerning indirect taxes on the raising of
                                                                     capital must be interpreted as allowing a tax to be
                                                                     charged in the event of a transfer of shares irrespective,
Consideration of the questions referred for a preliminary            first, of whether the company issuing the shares is listed
ruling has revealed nothing of such a kind as to affect the          on a Stock Exchange and, secondly, of whether the shares
validity of heading D, paragraph 4, of Annex VI to                   are transferred on the Stock Exchange or directly from the
Council Regulation (EEC) No 1408/71 of 14 June 1971                  transferor to the transferee.
on the application of social security schemes to employed
persons, to self-employed persons and to members of their
                                                                     (1) OJ C 252, 16.8.1997.
families moving within the Community, as amended and
updated by Regulation (EEC) No 2001/83, as adapted by
part VIII of Annex I to the Act concerning the conditions
of accession of the Kingdom of Spain and the Portuguese
Republic and the adjustments to the Treaties and as
subsequently amended by Council Regulation (EEC)
No 1248/92.
                                                                                    JUDGMENT OF THE COURT
(1) OJ C 181, 14.6.1997.                                                                    (Sixth Chamber)
                                                                                         of 17 December 1998
                                                                     in Case C-244/97 (request for a preliminary ruling from
                                                                     the Hof van Cassatie): Rijksdienst voor Pensioenen v.
                                                                                           Gerdina Lustig (1)
                                                                     (Regulation (EEC) No 1408/71 Ð Old-age benefits Ð
              JUDGMENT OF THE COURT                                  Articles 45 and 49 Ð Calculation of benefits where the
                       (Sixth Chamber)                               person concerned does not simultaneously fulfil the
                                                                     conditions laid down by all the legislations under which
                    of 17 December 1998                                    periods of insurance or residence were completed)
in Case C-236/97 (reference for a preliminary ruling from                                    (1999/C 48/12)
the éstre Landsret): Skatteministeriet v. Aktieselskabet
                Forsikringsselskabet Codan (1)
(Directive 69/335/EEC Ð Indirect taxes on the raising of                             (Language of the case: Dutch)
capital Ð Tax on transfer of shares not listed on a Stock
                          Exchange)
                        (1999/C 48/11)                                 (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
               (Language of the case: Danish)
                                                                     In Case C-244/97: Reference to the Court under
                                                                     Article 177 of the EC Treaty by the Hof van Cassatie
                                                                     (Belgium) for a preliminary ruling in the proceedings
  (Provisional translation; the definitive translation will be       pending before that court between Rijksdienst voor
         published in the European Court Reports)                    Pensioenen v. Gerdina Lustig Ð on the interpretation of
                                                                     Articles 45 and 49 of Council Regulation (EEC)
                                                                     No 1408/71 of 14 June 1971 on the application of social
In Case C-236/97: reference to the Court under Article 177           security schemes to employed persons, to self-employed
of the EC Treaty from the éstre Landsret (Eastern                    persons and to members of their families moving within
Regional Court) (Denmark) for a preliminary ruling in the            the Community, in the version amended and updated by
proceedings pending before that court between                        Regulation (EEC) No 2001/83 (OJ L 230, 22.8.1984, p. 6),
Skatteministeriet and Aktieselskabet Forsikringsselskabet            as amended by Regulation (EEC) No 1248/92 (OJ L 136,
Codan Ð on the interpretation of Article 12(1)(a) of                 19.5.1992, p. 7) and Regulation (EC) No 3096/95 (OJ
Directive 69/335/EEC of the Council of 17 July 1969                  L 335, 30.12.1995, p. 10) Ð the Court (Sixth Chamber),
concerning indirect taxes on the raising of capital (OJ,             composed of: P. J. G. Kapteyn, President of the Chamber,