CELEX: C2003/200/10
Language: en
Date: 2003-08-23 00:00:00
Title: Judgment of the Court of 10 July 2003 in Case C-165/01 (Reference for a preliminary ruling from the Oberster Gerichtshof): Betriebsrat der Vertretung der Europäischen Kommission in Österreich v European Communities, Commission of the European Communities (Staff Regulations of Officials of the European Communities — Conditions of Employment of Other Servants — Local staff — Representation of the Commission in Austria — Applicability of national legislation concerning the representation of workers and defence of their interests)

C 200/6                 EN                            Official Journal of the European Union                                                23.8.2003
1.    Article 22(1)(c) and (i) of Council Regulation (EEC) No 1408/           M.       Wathelet,       R.      Schintgen        (Rapporteur)       and
      71 of 14 June 1971 on the application of social security                C. W. A. Timmermans (Presidents of Chambers), C. Gulmann,
      schemes to employed persons and their families moving within            D. A. O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
      the Community, as amended and updated by Council Regula-                N. Colneric, S. von Bahr and J. N. Cunha Rodrigues, Judges;
      tion (EEC) No 2001/83 of 2 June 1983 must be interpreted                L. A. Geelhoed, Advocate General; M.-F. Contet, Principal
      as also applying to a pensioner and members of his family who           Administrator, for the Registrar, has given a judgment on
      reside in a Member State other than the one which is liable for         10 July 2003, in which it has ruled:
      payment of that pension, and who benefit on that basis,
      following their registration with the institution of the place of
      residence, from the system laid down by Article 28 of that              Article 9 of and Annex II to the Staff Regulations of Official of the
      regulation, where those socially insured persons wish to go to          European Communities and Article 79 of the Conditions of Employ-
      the Member State liable for payment of the pension in order to          ment of Other Servants of the European Communities must be
      receive medical treatment there.                                        interpreted as precluding the application to the local staff employed in
                                                                              the representation of the Commission of the European Communities in
                                                                              Vienna (Austria) of the Austrian legislation on labour relations in
2.    The institution competent to issue the prior authorisation              establishments in Part II of the Bundesgesetz betreffend die Arbeitsver-
      mentioned in the said Article 22(1)(c) and (i) where the                fassung (Arbeitsverfassungsgesetz) (Federal law on labour relations) of
      application for authorisation concerns socially insured persons         13 December 1973.
      in such a position is the institution of the place of residence of
      the persons concerned.
                                                                              (1) OJ C 200 of 14.7.2001.
(1) OJ C 200 of 14.7.2001.
                                                                                                JUDGMENT OF THE COURT
                   JUDGMENT OF THE COURT
                                                                                                          (First Chamber)
                           of 10 July 2003
                                                                                                         of 19 June 2003
in Case C-165/01 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Betriebsrat der Vertretung der                     in Case C-467/01 (reference for a preliminary ruling from
Europäischen Kommission in Österreich v European                              the Corte d'appello di Genova): Ministero delle Finanze v
Communities, Commission of the European Commu-                                                           Eribrand SpA (1)
                                nities (1)
                                                                              (Export refunds — Articles 47 and 48 of Regulation (EEC)
(Staff Regulations of Officials of the European Communities                               No 3665/87 — Extension of time-limits)
— Conditions of Employment of Other Servants — Local
staff — Representation of the Commission in Austria —
Applicability of national legislation concerning the represen-                                           (2003/C 200/11)
        tation of workers and defence of their interests)
                                                                                                   (Language of the case: Italian)
                           (2003/C 200/10)
                                                                              (Provisional translation; the definitive translation will be published in
                    (Language of the case: German)                                                  the European Court Reports)
(Provisional translation; the definitive translation will be published in
                      the European Court Reports)                             In Case C-467/01: reference to the Court under Article 234 EC
                                                                              from the Corte d'appello di Genova (Italy) for a preliminary
                                                                              ruling in the proceedings pending before that court between
                                                                              Ministero delle Finanze and Eribrand SpA, formerly Eurico
In Case C-165/01: Reference to the Court under Article 234                    Italia SpA — on the interpretation of Articles 47 and 48 of
EC by the Oberster Gerichtshof (Austria) for a preliminary                    Commission Regulation (EEC) No 3665/87 of 27 November
ruling in the proceedings pending before that court between                   1987 laying down common detailed rules for the application
Betriebsrat der Vertretung der Europäischen Kommission in                     of the system of export refunds on agricultural products (OJ
Österreich and European Communities, Commission of the                        1987 L 351, p. 1), as amended by Commission Regulation (EC)
European Communities, on the interpretation of Article 9 of                   No 1829/94 of 26 July 1994 (OJ 1994 L 191, p. 5) — the
and Annex II to the Staff Regulations of Officials of the                     Court (First Chamber), composed of M. Wathelet, President of
European Communities and Article 79 of the Conditions of                      the Chamber, P. Jann and A. Rosas (Rapporteur), Judges;
Employment of Other Servants of the European Communities,                     C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a
the Court, composed of: G. C. Rodríguez Iglesias, President,                  judgment on 19 June 2003, in which it held that: