CELEX: C1997/094/01
Language: en
Date: 1997-03-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 30 January 1997 in Case C-178/95 (reference for a preliminary ruling from the Rechtbank van Koophandel, Antwerp): Wiljo NV v. Belgian State (Structural improvements in inland waterway transport - Special contribution - Exclusion of 'specialized vessels' - Commission decision rejecting an application for exemption - Decision not contested under Article 173 of the Treaty - Validity of the decision then contested before the national court)

22 . 3 . 97            EN                  Official Journal of the European Communities                                    No C 94/1
                                                                    I
                                                             (Information)
                                                COURT OF JUSTICE
                                                          COURT OF JUSTICE
                JUDGMENT OF THE COURT                                  on structural improvements in inland waterway transport,
                          (Fifth Chamber)                              and the addressee has not brought an action under the
                                                                       fourth paragraph of Article 1 73 of the EC Treaty against
                        of 30 January 1997                             the decision within the time limit prescribed, that decision
in Case C-l 78/95 (reference for a preliminary ruling from             is binding on the national court.
the Rechtbank van Koophandel, Antwerp): Wiljo NV v.
                          Belgian State (')                             1 OJ No C 189,22 . 7. 1995 .
 (Structural improvements in inland waterway transport —
 Special contribution — Exclusion of 'specialized vessels'
— Commission decision rejecting an application for
 exemption — Decision not contested under Article 1 73 of
 the Treaty — Validity of the decision then contested
                     before the national court)                                       JUDGMENT OF THE COURT
                                                                                                (Fifth Chamber)
                            ( 97/C 94/01 )
                                                                                              of 30 January 1997
                 (Language of the case: Dutch)                        in Case C-221/95 (reference for a preliminary ruling from
                                                                      the Tribunal du Travail, Tournai): Institut National
  (Provisional translation; the definitive translation will be        d'Assurances Sociales pour Travailleurs Indépendants
           published in the European Court Reports)                             (Inasti ) v. Claude Hervein, Hervillier SA (')
                                                                       (Social security for migrant workers — Determination of
In Case C-l 78/95 : reference to the Court under Article 177           the legislation applicable — Definition of employed and
of the EC Treaty from the Rechtbank van Koophandel                                               self-employed)
( Commercial Court), Antwerp ( Belgium), for a                                                     97/C 94/02 )
preliminary ruling in the proceedings pending before that
court between Wiljo NV and Belgian State — on the
                                                                                        (Language of the case: French)
interpretation of Council Regulation ( EEC ) No 1101/89 of
27 April 1989 on structural improvements in inland
waterway transport ( OJ No L 116, 28 . 4. 1989, p. 25 )                  (Provisional translation; the definitive translation will be
and on the validity of the Commission's decision of 6 May                       published in the European Court Reports)
1993 rejecting an application for exemption from the
special contribution to the scrapping fund set up by                  In Case C-221 /95 : reference to the Court under Article 177
Article 8 ( 1 ) ( a ) of that Regulation — the Court ( Fifth          of the EC Treaty from the Tribunal du Travail ( Labour
Chamber), composed of: C. Gulmann, acting for the                     Court), Tournai ( Belgium), for a preliminary ruling in the
President of the Chamber (Rapporteur), D. A. O. Edward,               proceedings pending before that court between Institut
J.-R Puissochet, P. Jann and M. Wathelet, Judges; F. G.               National d'Assurances Sociales pour Travailleurs Indépen­
Jacobs, Advocate-General; D. Louterman-Hubeau,                        dants (Inasti ) and Claude Hervein, Hervillier SA — on the
Principal Administrator, for the Registrar, has given a               interpretation of Article 14a (2 ) of Council Regulation
judgment on 30 January 1997, in which it has ruled:                   ( EEC ) No 1408/71 of 14 June 1971 on the application of
                                                                      social security schemes to employed persons, to self­
Where a Commission decision has been addressed to the                 employed persons and to members of their families
owner of a vessel, finding that his vessel is not a                   moving within the Community, as amended and updated
specialized vessel within the meaning of Article 8 (3) (c) of         by Regulation ( EEC) No 2001/83 ( OJ No L 230, 22. 8 .
Council Regulation (EEC) No 1101 /89 of 27 April 1989                 1983 , p. 6 ) — the Court ( Fifth Chamber), composed of: L.