CELEX: C1999/160/17
Language: en
Date: 1999-06-05 00:00:00
Title: Case C-97/99: Reference for a preliminary ruling by the Bundessozialgericht by order of 15 October 1998 in the case of Hassan Osseili v. Bundesanstalt für Arbeit

C 160/8                EN                     Official Journal of the European Communities                                        5.6.1999
Reference for a preliminary ruling by the Bundessozial-                  2. If the answer to question 1 is in the affirmative:
gericht by order of 15 October 1998 in the case of Hassan
              Osseili v. Bundesanstalt für Arbeit                             Does Regulation (EEC) No 1408/71 also apply to stateless
                                                                              workers and to members of their families who have
                          (Case C-97/99)                                      travelled directly to a Member State from a non-member
                                                                              country and have not moved within the Community?
                         (1999/C 160/17)
                                                                         (1) JO L 149, 5.7.1971, p. 2; OJ, English Special Edition 1971 (II),
Reference has been made to the Court of Justice of the                       p. 416.
European Communities by order of 15 October 1998 from
the Bundessozialgericht (Federal Social Court), which was
received at the Court Registry on 17 March 1999, for a
preliminary ruling in the case of Hassan Osseili v. Bundesan-
stalt für Arbeit on the following questions:
1. Does Council Regulation (EEC) No 1408/71 (1) of 14 June
     1971 on the application of social security schemes to               Action brought on 17 March 1999 by the Italian Republic
     employed persons, to self-employed persons and to mem-              against Council of the European Union and Commission
     bers of their families moving within the Community apply                            of the European Communities
     to stateless persons and to members of their families if
     such persons have no right of free movement under the                                        (Case C-100/99)
     Treaty of 25 March 1957 establishing the European
     Community, as amended by the Treaty of 7 February 1992
     on the European Union?                                                                       (1999/C 160/19)
2. If the answer to question 1 is in the affirmative:                    An action against the Council of the European Union and the
                                                                         Commission of the European Communities was brought
     Does Regulation (EEC) No 1408/71 also apply to stateless            before the Court of Justice of the European Communities on
     workers and to members of their families who have                   17 March 1999 by the Italian Republic, represented by
     travelled directly to a Member State from a non-member              Umberto Leanza, acting as Agent, assisted by Danilo Del
     country and have not moved within the Community?                    Gaizo, Avvocato dello Stato, with an address for service in
                                                                         Luxembourg at the Italian Embassy, 5 rue Marie-Adelaïde.
(1) JO L 149 , 5.7.1971, p. 2; OJ, English Special Edition 1971 (II),
    p. 416.                                                              The applicant claims that the Court of Justice should:
                                                                         — annul the contested regulations (1)
                                                                         — order the Council and the Commission to pay the costs.
                                                                         Pleas in law and main arguments
Reference for a preliminary ruling by the Bundessozial-
gericht by order of 15 October 1998 in the case of
       Mohamad Nasser v. Landeshauptstadt Stuttgart                      1.     The amendment to Article 4 of Regulation (EC)
                                                                         No 2799/98, contained in Article 2 of Regulation (EC)
                          (Case C-98/99)                                 No 2800/98, applies to the participating Member States the
                                                                         same prohibition provided for in respect of the non-
                                                                         participating Member States to grant compensatory aid for
                         (1999/C 160/18)                                 prices and amounts other than those referred to in Article 5 of
                                                                         Regulation (EC) No 2799/98 that does not exceed appreciable
Reference has been made to the Court of Justice of the                   revaluation of 2,6 %.
European Communities by order of 15 October 1998 from
the Bundessozialgericht (Federal Social Court), which was                That requirement constitutes, by its undifferentiated nature, a
received at the Court Registry on 17 March 1999, for                     distortion to the disadvantage of the participating currencies,
a preliminary ruling in the case of Mohamad Nasser v.                    in particular those which can show an ‘appreciable’ income
Landeshauptstadt Stuttgart on the following questions:                   loss in converting to the euro, and is contrary to the principles
                                                                         and objectives of the common agricultural policy, and in
1. Does Council Regulation (EEC) No 1408/71 (1) of 14 June               particular to Articles 39 and 40 of the Treaty and to the
     1971 on the application of social security schemes to               principle of proportionality.
     employed persons, to self-employed persons and to mem-
     bers of their families moving within the Community apply
     to stateless persons and to members of their families if            2.     The second complaint concerns the way in which
     such persons have no right of free movement under the               the compensatory mechanism provided for in Article 4 of
     Treaty of 25 March 1957 establishing the European                   Regulation (EC) No 2799/98 has been applied, in particular as
     Community, as amended by the Treaty of 7 February 1992              regards the determination of the flat-rate income loss which,
     on the European Union?                                              for certain products, is unjustified and unfair.