CELEX: C2001/200/27
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 10 May 2001 in Case C-389/99 (reference for a preliminary ruling from the Rovaniemen hallinto-oikeus): proceedings pending before that court brought by Sulo Rundgren (Social Security — Insurance contributions payable by pensioners who settled in a Member State before the entry into force in that State of Regulations (EEC) Nos 1408/71 and 1612/68 — Right of the State of residence to charge contributions on old-age and invalidity benefits paid by another Member State — Effect of an agreement by virtue of which the Nordic countries reciprocally waive all reimbursement of sickness and maternity benefits)

14.7.2001                EN                      Official Journal of the European Communities                                           C 200/15
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                         (Second Chamber)                                                             (Fifth Chamber)
                           of 10 May 2001                                                             of 10 May 2001
in Case C-288/99 (reference for a preliminary ruling from                   in Case C-389/99 (reference for a preliminary ruling from
the Hessisches Finanzgericht, Kassel): VauDe Sport GmbH                     the Rovaniemen hallinto-oikeus): proceedings pending
& Co. KG, formerly vauDe Sport Albrecht von Dewitz v                               before that court brought by Sulo Rundgren (1)
                 Oberfinanzdirektion Koblenz (1)
                                                                            (Social Security — Insurance contributions payable by
(Common customs tariffs — Tariff headings — Classifi-                       pensioners who settled in a Member State before the entry
    cation in the Combined Nomenclature — Child carrier)                    into force in that State of Regulations (EEC) Nos 1408/71
                                                                            and 1612/68 — Right of the State of residence to charge
                                                                            contributions on old-age and invalidity benefits paid by
                           (2001/C 200/26)                                  another Member State — Effect of an agreement by virtue
                                                                            of which the Nordic countries reciprocally waive all reim-
                                                                                     bursement of sickness and maternity benefits)
                    (Language of the case: German)
                                                                                                      (2001/C 200/27)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                             (Language of the case: Finnish)
In Case C-288/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Hessisches                      (Provisional translation; the definitive translation will be published
Finanzgericht, Kassel, (Finance Court for Hessen, Kassel) Ger-                                 in the European Court Reports)
many, for a preliminary ruling in the proceedings pending
before that court between VauDe Sport GmbH & Co. KG,
                                                                            In Case C-389/99: reference to the Court under Article 234
formerly vauDe Sport Albrecht von Dewitz, and Oberfinanzdi-
                                                                            EC from the Rovaniemen hallinto-oikeus (Rovaniemi Adminis-
rektion Koblenz — on the interpretation of the Combined
                                                                            trative Court), (Finland) for a preliminary ruling in the
Nomenclature set out in Annex I to Commission Regulation
                                                                            proceedings pending before that court brought by Sulo
(EC) No 1359/95 of 13 June 1995 amending Annexes I and II
                                                                            Rundgren — on the interpretation of various provisions of
to Council Regulation (EEC) No 2658/87 on the tariff and
                                                                            Council Regulation (EEC) No 1408/71 of 14 June 1971 on the
statistical nomenclature and on the Common Customs Tariff,
                                                                            application of social security schemes to employed persons, to
and repealing Regulation (EEC) No 802/80 (OJ 1995 L 142,
                                                                            self-employed persons and to members of their families
p. 1) — the Court (Second Chamber), composed of: V. Skouris,
                                                                            moving within the Community, as amended and updated by
President of the Chamber, R. Schintgen (Rapporteur) and
                                                                            Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
N. Colneric, Judges; L.A. Geelhoed, Advocate General; H. von
                                                                            1983 L 230, p. 6), as last amended at the material time by
Holstein, Deputy Registrar, for the Registrar, has given a
                                                                            Council Regulation (EC) No 3096/95 of 22 December 1995
judgment on 10 May 2001, in which it has ruled:
                                                                            (OJ 1995 L 335, p. 10) and of Council Regulation (EEC)
                                                                            No 1612/68 of 15 October 1968 on freedom of movement
The Combined Nomenclature, set out in Annex I to Commission                 for workers within the Community (OJ, English Special Edition
Regulation (EC) No 1359/95 of 13 June 1995 amending Annexes I               1968 (II), p. 475), and also on the interpretation of Articles 6
and II to Council Regulation (EEC) No 2658/87 on the tariff and             and 48 of the EC Treaty (now, after amendment, Articles 12
statistical nomenclature and on the Common Customs Tariff, and              EC and 39 EC) — the Court (Fifth Chamber), composed
repealing Regulation (EEC) No 802/80 is to be interpreted in such           of: A. La Pergola (Rapporteur), President of the Chamber,
a way that a product called a ‘child carrier’, which is designed for        M. Wathelet, D.A.O. Edward, P. Jann and L. Sevón, Judges;
carrying a child in a seated position on an adult’s back, consists          S. Alber, Advocate General; H. von Holstein, Deputy Registrar,
essentially of a support frame of aluminium tubing and a child’s seat       for the Registrar, has given a judgment on 10 May 2001, in
of synthetic material, is assembled by being sewn together, is padded       which it has ruled:
at the sides and at head level, and fitted out with safety belts, padded
shoulder straps and a textile waist band, and which includes a pocket       1.    Council Regulation (EEC) No 1408/71 of 14 June 1971 on
for storing small items under the seat, is to be classified under tariff          the application of social security schemes to employed persons,
heading 6307.                                                                     to self-employed persons and to members of their families
                                                                                  moving within the Community, as amended and updated by
                                                                                  Council Regulation (EEC) No 2001/83 of 2 June 1983, as
(1) OJ C 299 of 16.10.1999.                                                       last amended at the material time by Council Regulation (EC)
                                                                                  No 3096/95 of 22 December 1995 applies to a person who,
                                                                                  at the time when the Regulation entered into force in a Member
                                                                                  State:
 ---pagebreak--- C 200/16                 EN                       Official Journal of the European Communities                                          14.7.2001
     —      was resident in that State but was not carrying on an                             JUDGMENT OF THE COURT
            occupational activity and was receiving a pension there
            from another Member State in his capacity as a retired
            civil servant,                                                                              (First Chamber)
     —      while being subject in his State of residence to laws                                       of 10 May 2001
            relating to the branches of social security referred to in the
            Regulation.
                                                                             in Case C-444/99: Commission of the European Communi-
     However, Council Regulation (EEC) No 1612/68 of 15 Octo-                                      ties v Italian Republic (1)
     ber 1968 on freedom of movement for workers within the
     Community does not apply in principle to a person who has
     moved his place of residence from one Member State, in which            (Failure by a Member State to fulfil its obligations —
     he had ceased to be in employment, to another Member State,             Directive 92/106/EEC — Failure to transpose within the
     in which he is not employed and is not seeking employment.                                        prescribed period)
2.   The expression ‘nor is any pension payable’ in Article 28a of                                      (2001/C 200/28)
     Regulation No 1408/71, as amended and updated by Regu-
     lation No 2001/83, as amended by Regulation No 3096/95,
     must be interpreted as applying to a situation in which neither
     a pension based on residence, such as the State pension provided                             (Language of the case: Italian)
     for by Finnish law, nor a pension based on gainful employment
     and payable under the legislation of the Member State in which
     the person concerned is resident, is actually paid to that person,
     without its being necessary to ascertain whether he might               (Provisional translation; the definitive translation will be published
     hypothetically be entitled thereto.                                                         in the European Court Reports)
3.   The general principle resulting from Regulation No 1408/71,             In Case C-444/99: Commission of the European Communities
     as amended and updated by Regulation No 2001/83, as                     (Agents: M. Wolfcarius and S. Dragone) v Italian Republic
     amended by Regulation No 3096/95, and applied by                        (Agent: U. Leanza, assisted by O. Fiumara) — application for a
     Article 33 of that Regulation, according to which a person              declaration that, by keeping in force a system of authorisations
     entitled to a pension cannot, by reason of his residence in the         and quotas for combined transport operations between Mem-
     territory of a Member State, be called upon to pay compulsory           ber States, despite having converted all special authorisations
     insurance contributions to cover benefits for which an institution      into general authorisations, the Italian Republic has failed to
     of another Member State has assumed responsibility, precludes           fulfil its obligations under Council Directive 92/106/EEC of
     the Member State in whose territory he resides from requiring           7 December 1992 on the establishment of common rules for
     him to pay contributions or similar payments prescribed by its          certain types of combined transport of goods between Member
     legislation to cover old-age, invalidity and unemployment               States (OJ 1992 L 368, p. 38), in particular Article 2 thereof
     benefits, where he is entitled to benefits having a similar             — the Court (First Chamber), composed of: M. Wathelet,
     purpose, for which the institution of the Member State                  President of the Chamber, P. Jann (Rapporteur) and L. Sevón,
     competent in respect of pensions assumes responsibility.                Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
                                                                             has given a judgment on 10 May 2001, in which it:
4.   The fact that the Republic of Finland and the Kingdom of
     Sweden have waived, under Article 36(3) of Regulation                   1.    Declares that, by keeping in force a system of authorisations
     No 1408/71, as amended and updated by Regulation                              and quotas for combined transport operations between Member
     No 2001/83, as amended by Regulation No 3096/95, and                          States and despite having converted all special authorisations
     Article 23 of the Nordic Convention on Social Security of                     into general authorisations, the Italian Republic failed in its
     15 June 1992 (106/93), all reimbursement of the costs of                      obligations under Article 2 of Council Directive 92/106/EEC
     benefits in kind provided by an institution in one of the Member              of 7 December 1992 on the establishment of common rules for
     States on behalf of an institution of another Member State is                 certain types of combined transport of goods between Member
     of no consequence for the purposes of interpreting Articles 28a               States;
     and 33(2) of the said Regulation.
                                                                             2.    Orders the Italian Republic to pay the costs.
(1) OJ C 6 of 8.1.2000.
                                                                             (1) OJ C 34 of 5.2.2000.