CELEX: C2002/118/07
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court 19 March 2002 in Joined Cases C-393/99 and C-394/99 (Reference for a preliminary ruling from the Tribunal du travail de Tournai): Institut national d'assurances sociales pour travailleurs indépendants (Inasti) v Claude Hervein, Hervillier SA (C-393/99), Guy Lorthiois, Comtexbel SA (C-394/99) (Freedom of movement for workers and freedom of establishment — Social security — Determination of the legislation applicable — Persons who are simultaneously employed and self-employed in the territory of different Member States — Cover by the social security legislation of each of those States — Validity of Article 14c(1)(b), now Article 14c(b), of and Annex VII to Regulation (EEC) No 1408/71)

18.5.2002              EN                      Official Journal of the European Communities                                                C 118/5
1.   Declares that:                                                             —     by requiring, under Article 9(3) of Decree No 129/92
                                                                                      and Articles 7 and 8 of Decree No 776/94, architects
                                                                                      established in other Member States who wish to provide
                                                                                      services in Italy to register with the local provincial council
     —    by failing to adopt all the measures necessary to implement                 of the professional body for architects and by delaying, by
          Articles 4(1), second subparagraph, 4(2), 11(k), seventh                    that formality, in breach of Article 22 of Directive 85/
          indent, and 14 of Council Directive 85/384/EEC of                           384, the provision by architects of their first services in
          10 June 1985 on the mutual recognition of diplomas,                         Italy,
          certificates and other evidence of formal qualifications in
          architecture, including measures to facilitate the effective          the Italian Republic has failed to fulfil its obligations under
          exercise of the right of establishment and freedom to                 Articles 12, 22, 27 and 31 of Directive 85/384 and, in
          provide services, as amended by Council Directive 86/17/              respect of the prohibition under Article 9(1) of Decree No 129/
          EEC of 27 January 1986 amending, on account of the                    92, under Article 59 of the Treaty;
          accession of Portugal, Directive 85/384,
                                                                          2.    Dismisses the application as to the remainder;
                                                                          3.    Orders the Italian Republic to pay the costs.
     —    by failing to adopt all the measures necessary to implement
          the automatic recognition of diplomas, certificates and
          other evidence of formal qualifications in accordance with      (1) OJ C 299 of 16.10.1999.
          Articles 2, 3, 7, 8 and 9 of Directive 85/384,
     —    by adopting Article 4(2)(a) of Legislative Decree No 129
          of the President of the Republic of 27 January 1992
          which, in breach of Articles 52 and 59 of the EC Treaty
                                                                                             JUDGMENT OF THE COURT
          (now, after amendment, Articles 43 EC and 49 EC), lays
          down a general requirement that the application for
          recognition of a qualification be accompanied by the                                         19 March 2002
          original diploma or a certified copy thereof,
                                                                          in Joined Cases C-393/99 and C-394/99 (Reference for a
                                                                          preliminary ruling from the Tribunal du travail de Tour-
                                                                          nai): Institut national d’assurances sociales pour travail-
     —    by adopting Article 4(2)(c) of Decree No 129/92 and             leurs indépendants (Inasti) v Claude Hervein, Hervillier
          Article 4(1)(c) of Decree No 776 of the Minister for            SA (C-393/99), Guy Lorthiois, Comtexbel SA (C-394/
          Universities and Scientific and Technological Research of                                          99) (1)
          10 June 1994 which, in breach of Article 52 of the
          Treaty, lay down a general requirement that the appli-
          cation for recognition of a qualification be accompanied        (Freedom of movement for workers and freedom of establish-
          by a certificate of nationality,                                ment — Social security — Determination of the legislation
                                                                          applicable — Persons who are simultaneously employed and
                                                                          self-employed in the territory of different Member States —
                                                                          Cover by the social security legislation of each of those States
     —    by adopting Article 4(3) of Decree No 129/92 and                — Validity of Article 14c(1)(b), now Article 14c(b), of and
          Article 10 of Decree No 776/94 which, in breach of                       Annex VII to Regulation (EEC) No 1408/71)
          Article 52 of the Treaty, require as a matter of course an
          official translation of all documents attached to an                                        (2002/C 118/07)
          application for recognition of a qualification,
                                                                                                (Language of the case: French)
     —    by adopting Article 11(1)(c) and (d) of Decree No 129/          (Provisional translation; the definitive translation will be published
          92 which, in breach of Article 12 of Directive 85/384,                               in the European Court Reports)
          provides for the recognition of qualifications acquired after
          5 August 1987,
                                                                          In Joined Cases C-393/99 and C-394/99: Reference to the
                                                                          Court under Article 234 EC by the Tribunal du travail, Tournai
     —    by retaining Article 9(1) of Decree No 129/92 which, in         (Belgium), for a preliminary ruling in the proceedings pending
          breach of Article 59 of the Treaty, imposes a general           before that court between Institut national d’assurances socia-
          prohibition on architects established in other Member           les pour travailleurs indépendants (Inasti) and Claude Hervein,
          States who wish to provide services in Italy from creating      Hervillier SA (C-393/99), Guy Lorthiois, Comtexbel SA
          on Italian territory a principal or secondary place of          (C-394/99), on the validity of Article 14c(1)b, now
          business,                                                       Article 14c(b), of and Annex VII to Regulation (EEC)
 ---pagebreak--- C 118/6                 EN                      Official Journal of the European Communities                                          18.5.2002
No 1408/71 of the Council of 14 June 1971 on the application                                 JUDGMENT OF THE COURT
of social security schemes to employed persons, to self-
employed persons and to members of their families moving
within the Community, as amended and updated by Council                                                (Fifth Chamber)
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230,
p. 6), and as amended by Council Regulation (EEC) No 3811/
86 of 11 December 1986 (OJ 1986 L 355, p. 5), the Court,
composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,                                              21 March 2002
F. Macken and N. Colneric (Presidents of Chambers), C. Gul-
mann, D.A.O. Edward, J.-P. Puissochet (Rapporteur), M. Wathe-
let and V. Skouris, Judges; F.G. Jacobs, Advocate General;                 in Case C-451/99 (Reference for a preliminary ruling from
H. von Holstein, Deputy Registrar, has given a judgment on                 the Handelsgericht Wien): Cura Anlagen GmbH v Auto
19 March 2002, in which it has ruled:                                                       Service Leasing GmbH (ASL) (1)
                                                                           (Vehicle leasing — Prohibition on using in a Member State
                                                                           for longer than a certain time a vehicle registered in another
Examination of the questions referred has not disclosed any factor of      Member State — Obligations to register the vehicle and to
such a kind as to affect the validity:                                     pay a consumption tax in the Member State of use —
                                                                           Obligation to insure with an insurer authorised in the
                                                                           Member State of use — Obligation to undergo roadworthi-
                                                                           ness testing — Restrictions on the freedom to provide
—     of Article 14c(1)(b) of and Annex VII to Regulation No 1408/                               services — Justifications)
      71 of the Council of 14 June 1971 on the application of social
      security schemes to employed persons, to self-employed persons
      and to members of their families moving within the Community,                                    (2002/C 118/08)
      as amended and updated by Council Regulation (EEC)
      No 2001/83 of 2 June 1983.
                                                                                               (Language of the case: German)
—     of Article 14(b) of and Annex VII to that regulation, as
      amended by Council Regulation (EEC) No 3811/86 of                    (Provisional translation; the definitive translation will be published
      11 December 1986.                                                                         in the European Court Reports)
However, it is, where appropriate, for the national court hearing          In Case C-451/99: Reference to the Court under Article 234
disputes in the context of the application of that provision, first, to    EC by the Handelsgericht Wien (Austria) for a preliminary
ascertain that the legislation of the States concerned applied in that     ruling in the proceedings pending before that court between
context is applied in accordance with Articles 48 and 52 of the            Cura Anlagen GmbH and Auto Service Leasing GmbH (ASL),
Treaty (now, after amendment, Articles 39 EC and 43 EC), and in            on the interpretation of Articles 49 EC to 55 EC and Article 28
particular that the national legislation whose conditions for appli-       EC,the Court (Fifth Chamber), composed of: S. von Bahr,
cation are at issue does afford social security cover for the person       President of the Fourth Chamber, acting for the President of
concerned, and, second, to determine whether that provision should,        the Fifth Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet
exceptionally, be disapplied at the request of the worker concerned        (Rapporteur) and C.W.A. Timmermans, Judges; F.G. Jacobs,
where it would cause him to lose a social security advantage which he      Advocate General; H. von Holstein, Deputy Registrar, has
originally enjoyed under a social security convention in force between     given a judgment on 21 March 2002, in which it has ruled:
two or more Member States.
                                                                           The provisions of the EC Treaty on the freedom to provide services
                                                                           (Articles 49 EC to 55 EC) preclude legislation of a Member State,
                                                                           such as that at issue in the main proceedings, requiring an
(1) OJ C 366 of 18.12.1999.                                                undertaking established in that Member State which takes a lease of
                                                                           a vehicle registered in another Member State to register it in the first
                                                                           Member State in order to be able to use it there beyond a period that
                                                                           is so short, in this case three days, that it makes it impossible or
                                                                           excessively difficult to comply with the requirements imposed. The
                                                                           same provisions of the Treaty preclude legislation of a Member State,
                                                                           such as that at issue in the main proceedings, requiring an
                                                                           undertaking established in that Member State which takes a lease of