CELEX: C1999/204/36
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 3 June 1999 in Case C-211/97 (reference for a preliminary ruling from the Landessozialgericht Niedersachsen): Paula Gómez Rivero v Bundesanstalt für Arbeit (Social security - Article 16(2), first sentence, of Regulation (EEC) No 1408/71 - Right of option - Effects)

17.7.1999               EN                      Official Journal of the European Communities                                            C 204/19
2. In the absence of full harmonisation of language requirements           The decision by a person employed in a consular post to opt, in
    applicable to information appearing on imported products, the          accordance with Article 16(2), first sentence, of Council Regulation
    Member States may adopt national measures requiring such               (EEC) No 1408/71 of 14 June 1971 on the application of social
    information to be given in the language of the area in which the       security schemes to employed persons, to self-employed persons and
    products are sold or in another language which may be readily          to members of their families moving within the Community, as
    understood by consumers in that area, provided that those              amended and updated by Council Regulation (EC) No 118/97 of 2
    national measures apply without distinction to all national and        December 1996, to be subject to the social security legislation of the
    imported products and are proportionate to the objective of            sending Member State of which he is a national does not have the
    consumer protection which they pursue. They must, in particular,       effect that his spouse may no longer claim a social security advantage
    be restricted to information which the Member State makes              which, irrespective of the social cover of her spouse, is guaranteed to
    mandatory and which cannot be appropriately conveyed to                her by the legislation of the Member State in which she resides.
    consumers by means other than translation.
                                                                           (1) OJ C 228 of 26.7.1997.
(1) OJ C 94 of 22.3.1997.
                                                                                             JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT
                                                                                                    (Fourth Chamber)
                          (Fifth Chamber)
                                                                                                       of 3 June 1999
                           of 3 June 1999
                                                                           in Case C-417/97: Commission of the European Communi-
in Case C-211/97 (reference for a preliminary ruling from                               ties v Grand Duchy of Luxembourg (1)
the Landessozialgericht Niedersachsen): Paula Gómez
             Rivero v Bundesanstalt für Arbeit (1)
                                                                           (Failure of a Member State to fulfil its obligations —
                                                                           Transferable securities — Investment services — Directive
(Social security — Article 16(2), first sentence, of Regulation
                                                                                         93/22/EEC — Partial implementation)
      (EEC) No 1408/71 — Right of option — Effects)
                          (1999/C 204/36)                                                             (1999/C 204/37)
                   (Language of the case: German)                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                              in the European Court Reports)
In Case C-211/97: reference to the Court under Article 234                 In Case C-417/97, Commission of the European Communities
EC (ex Article 177) by the Landessozialgericht Niedersachsen               (Agent: Christina Tufvesson) v Grand Duchy of Luxembourg
(Higher Social Court, Lower Saxony) (Germany) for a prelimi-               (Agent: Nicolas Schmit) — application for a declaration that,
nary ruling in the proceedings pending before that court                   by failing to bring into force within the prescribed period all
between Paula Gómez Rivero and Bundesanstalt für Arbeit,                  the laws, regulations and administrative provisions, including
joined party: Federal Republic of Germany — on the interpret-              any relevant sanctions, necessary for it to comply with Council
ation of Article 16(2), first sentence, of Council Regulation              Directive 93/22/EEC of 10 May 1993 on investment services
(EEC) No 1408/71 of 14 June 1971 on the application of                     in the securities field (OJ 1993 L 141, p. 27), the Grand Duchy
social security schemes to employed persons, to self-employed              of Luxembourg has failed to fulfil its obligations under Article
persons and to members of their families moving within the                 31 of that directive — the Court (Fourth Chamber), composed
Community, as amended and updated by Council Regulation                    of: P.J.G. Kapteyn, President of the Chamber, J.L. Murray
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —                   (Rapporteur) and H. Ragnemalm, Judges; A. Saggio, Advocate
the Court (Fifth Chamber), composed of: P. Jann, President of              General; R. Grass, Registrar, has given a judgment on 3 June
the First Chamber, acting as President of the Fifth Chamber,               1999, in which it:
C. Gulmann, D.A.O. Edward (Rapporteur), L. Sevón and
M. Wathelet, Judges; F.G. Jacobs, Advocate General; R. Grass,              1. Declared that, by failing to bring into force within the prescribed
Registrar, has given a judgment on 3 June 1999, in which it                     period all the laws, regulations and administrative provisions,
held that:                                                                      including any relevant sanctions, necessary for it to comply with