CELEX: C1997/074/14
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 30 January 1997 in Case C-340/94 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): E. J. M. de Jaeck v. Staatssecretaris van Financiën (Social security for migrant workers - Determination of the legislation applicable - Definition of employed and self-employed)

No C 74/8                EN                  Official Journal of the European Communities                                    8 . 3 . 97
      — Council Directive 92/88/EEC of 26 October 1992                  ( Supreme Court of the Netherlands) for a preliminary
           amending Directive 74/63/EEC on undesirable                  ruling in the proceedings pending before that court
           substances and products in animal nutrition,                 between E. J. M. de Jaeck and Staatssecretaris van Finan­
                                                                        cien — on the interpretation of Articles 14 ( a ) and 14 ( c )
                                                                        of Council Regulation ( EEC ) No 1408/71 of 14 June 1971
       — Council Directive 92/116/EEC of 17 December
                                                                        on the application of social security schemes to employed
           1992 amending and updating Directive 71 /118/                persons, to self-employed persons and to members of their
           EEC on health problems affecting trade in fresh              families moving within the Community, as amended and
           poultrymeat,                                                 updated by Council Regulation ( EEC ) No 2001/83 of
                                                                        2 June 1983 ( OJ No L 230, 22. 8 . 1983 , p. 6 ) — the
       — Council        Directive      92/117/EEC      concerning       Court ( Fifth Chamber), composed of: L. Sevon, President
           measures for protection against specific zoonoses            of the First Chamber, acting as President of the Fifth
           and specified zoonotic agents in animals and                 Chamber, D. A. O. Edward, J. -P. Puissochet ( Rapporteur ),
           products of animal origin in order to prevent                P. Jann and M. Wathelet, Judges; D. Ruiz-Jarabo Colomer,
           outbreaks      of food-borne         infections    and       Advocate-General; H. A. Riihl, Principal Administrator,
           intoxications,                                               for the Registrar, has given a judgment on 30 January
                                                                        1997, in which it has ruled:
       — Council Directive 92/118/EEC laying down animal
           health and public health requirements governing
           trade in and imports into the Community of
           products not subject to the said requirements laid           1 . For the purposes of Articles 14 (a) and 14 (c) of
           down in specific Community rules referred to in                   Regulation (EEC) No 1408/71 of the Council of
           Annex A (I) to Directive 89/662/EEC and, as
                                                                             14 June 1971 on the application of social security
           regards pathogens, to Directive 90/425/EEC,                       schemes to employed persons, to self-employed
                                                                             persons and to members of their families moving
                                                                             within the Community, as amended and updated by
       the Italian Republic has failed to fulfil its obligations             Council Regulation (EEC) No 2001 /83 of 2 June
       under Articles 23, 32, 29, 2, 3, 17 and 20 respectively               1983, 'employed' and 'self-employed' should be
       of those Directives;                                                  understood to refer to activities which are regarded as
                                                                             such for the purposes of the social security legislation
                                                                             of the Member State in whose territory those activities
2 . orders the Italian Republic to pay the costs.                            are pursued.
( ! ) OJ No C 315 , 25 . 11 . 1995 .
                                                                        2. Where Article 14 (c) (1 ) (b) of the Regulation is
                                                                             applicable, Community law does not preclude the
                                                                             legislation of one of the two Member States from
                                                                             insuring the person in question against only some of
                 JUDGMENT OF THE COURT                                       the risks covered by its social security scheme,
                                                                             provided that there is no discrimination in that regard
                           ( Fifth Chamber)
                                                                             between nationals of that State and nationals of the
                         of 30 January 1997                                  other Member States.
in Case C-340/94 (reference for a preliminary ruling from
the Hoge Raad der Nederlanden): E. J. M. de Jaeck v.
                 Staatssecretaris van Financiën (M
(Social security for migrant workers — Determination of                 3 . Where Article 14 (c) (I ) (b) of the Regulation applies,
the legislation applicable — Definition of employed and                      Community law does not preclude one of the two
                             self-employed)                                  Member States from determining the amount of
                                                                             contributions to be paid by an insured person who
                              ( 97/C 74/ 14                                  works in that State for only part of the working week,
                                                                             without taking into account contributions which that
                                                                             person may pay in another Member State in respect of
                  (Language of the case: Dutch)                              work performed there during the rest of the week .
    (Provisional translation; the definitive translation will be        H OJ No C 392, 31 . 12 . 1994 .
            published in the European Court Reports)
In Case C-340/94 : reference to the Court under Article 177
of the EC Treaty from the Hoge Raad der Nederlanden