CELEX: C1999/100/29
Language: en
Date: 1999-04-10 00:00:00
Title: Case C-52/99 and C-53/99: References for preliminary rulings from the Cour du Travail de Liège (13th Chamber) by judgments of that court of 2 February 1999 in the cases of Office National des Pensions v. Gioconda Camarotto and Office National des Pensions v. Giuseppina Vignone

10.4.1999              EN                   Official Journal of the European Communities                                 C 100/15
Chambers of ArseÁne Kronshagen, 22 Rue Marie-AdeÂlaïde,                the case of Jean-Marie Podesta v. Caisse de Retraite par
against the order made on 8 December 1998 by the                       reÂpartition des IngeÂnieurs Cadres & AssimileÂs (CRICA),
Fourth Chamber (Extended Composition) of the Court of                  Association GeÂneÂrale des Institutions de Retraite des
First Instance of the European Communities in Case T-38/               Cadres (AGIRC), Union Interprofessionnelle de Retraite
98 Associazione Nazionale Bieticoltori (ANB), Francesco                de l'Industrie et du Commerce (UIRIC), Caisse GeÂneÂrale
Coccia and Vincenzo Di Giovine v. Council of the                       Interprofessionnelle de Retraite pour SalarieÂs (CGIS),
European Union.                                                        Association des ReÂgimes de Retraite CompleÂmentaire
                                                                       (ARRCO) on the following question:
The appellants claim that the Court should set aside the               Is Article 119 of the Treaty of Rome, which asserts the
Court of First Instance's order of 8 December 1998 in                  principle of equal pay for men and women, applicable to
Case T-39/98 by declaring the application to be admissible             the supplementary retirement pension schemes of AGIR
and refer the case back to the Court of First Instance for a           and ARRCO and does it prohibit them from
decision on the substance.                                             discriminating between men and women in respect of the
                                                                       age at which they are entitled to a survivor's pension
                                                                       following the death of their spouse?
Pleas in law and main arguments adduced in support
The legal effects of the contested regulation (1) are direct
inasmuch as its operative provision does not require any
subsequent measure of implementation by a Community
institution or a national authority.                                   Reference for a preliminary ruling from the Tribunale
                                                                       Amministrativo per la Basilicata (Administrative Tribunal
                                                                       of the Basilicata region) by order of that court of
That provision adversely affects the appellants                        22 October 1998, in the case of Massimo Triumbari v.
individually' and in a manner which distinguishes them                Questore della provincia di Potenza (Chief of Police of the
from any other producer.                                               province of Potenza) and the Minister of Finance and the
                                                                                          Minister of the Interior
                                                                                               (Case C-51/99)
It follows      that   the   application   must     be  declared                              (1999/C 100/28)
admissible.
(1) Council Regulation (EC) No 2613/97 of 15 December 1997             Reference has been made to the Court of Justice of the
    authorising Portugal to grand aid to sugar beet producers and      European Communities by order of 22 October 1998,
    abolishing all State aid from the 2001/2002 marketing year         which was received at the Court Registry on 16 February
    (OJ L 353, 24.12.1997, p. 3).                                      1999, for a preliminary ruling in the case of Massimo
                                                                       Triumbari v. Questore della provincia di Potenza and the
                                                                       Minister of Finance and the Minister of the Interior on the
                                                                       following questions:
                                                                       Do the Treaty provisions on the provision of services
                                                                       preclude rules such as the Italian betting legislation in
                                                                       view of the social policy concerns and of the concern to
Reference for a preliminary ruling from the Tribunal de                prevent fraud that justify it?
Grande Instance (First Chamber), Paris, by judgment of
that court of 12 January 1999 in the case of Jean-Marie
Podesta v. Caisse de Retraite par reÂpartition des IngeÂnieurs
Cadres & AssimileÂs (CRICA), Association GeÂneÂrale des
Institutions de Retraite des Cadres (AGIRC), Union
Interprofessionnelle de Retraite de l'Industrie et du
Commerce (UIRIC), Caisse GeÂneÂrale Interprofessionnelle               References for preliminary rulings from the Cour du
de Retraite pour SalarieÂs (CGIS), Association des ReÂgimes            Travail de LieÁge (13th Chamber) by judgments of that
            de Retraite CompleÂmentaire (ARRCO)                        court of 2 February 1999 in the cases of Office National
                                                                       des Pensions v. Gioconda Camarotto and Office National
                         (Case C-50/99)
                                                                                    des Pensions v. Giuseppina Vignone
                        (1999/C 100/27)                                                (Case C-52/99 and C-53/99)
                                                                                              (1999/C 100/29)
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Tribunal de                  Reference has been made to the Court of Justice of the
Grande Instance (Regional Court) (First Chamber), Paris,               European Communities by judgments of the 13th
of 12 January 1999, which was received at the Court                    Chamber of the Cour du Travail (Higher Labour Court),
Registry on 16 February 1999, for a preliminary ruling in              LieÁge, of 2 February 1999, which were received at the
 ---pagebreak--- C 100/16               EN                Official Journal of the European Communities                                 10.4.1999
Court Registry on 17 February 1999, for preliminary                 Do the provisions of Article 73d of the Treaty of 25 March
rulings in the cases of Office National des Pensions v.             1957 establishing the European Community, as amended,
Gioconda Camarotto and Office National des Pensions v.              according to which the prohibition of all restrictions on
Giuseppina Vignone on the following questions:                      movements of capital between Member States is without
                                                                    prejudice to the right of Member States to take measures
                                                                    which are justified on grounds of public policy or public
                                                                    security', allow a Member State, in derogation from the
1. Does Article 95a of Council Regulation (EEC)
                                                                    system of full freedom or the declaration system
     No 1408/71 (1) as amended by Council Regulation
                                                                    applicable to foreign investments within its territory, to
     (EEC) No 1248/92, refer solely to recipients of
                                                                    maintain a system of prior authorisation for such
     pensions where the decision granting the pension was
                                                                    investments as may adversely affect public order, public
     final at the time of the entry into force of the
                                                                    health or public security, it being specified that this
     amendment, or does it relate also to recipients of
                                                                    authorisation is deemed to have been obtained one month
     pensions who before the entry into force of the
                                                                    after receipt of the investment declaration submitted to the
     amendments introduced by the new regulation had
                                                                    Minister unless the latter, within the same period, declares
     already brought proceedings before a national court
                                                                    that the transaction in question has been deferred?
     seeking to obtain precisely the right to the pension by
     contesting the application of the national rules against
     overlapping, a final decision in those proceedings not
     yet having been given at the time of the entry into
     force of the new provisions?
2. If Article 95a applies to all recipients without
     distinction, must the application referred to in               Action brought on 18 February 1999 by the Commission
     Article 95a(4) be made to the competent social                 of the European Communities against the French Republic
     security institution in accordance with the formalities                                (Case C-55/99)
     required by national legislation for the bringing of an
     application for review, or may it be made to the court                                (1999/C 100/31)
     before which the dispute has been brought in
     accordance with the applicable rules of procedure, and
     in the latter case must the period of two years referred
                                                                    An action against the French Republic was brought before
     to in Article 95a(5) and (6) likewise be complied with?
                                                                    the Court of Justice of the European Communities on
                                                                    18 February 1999 by the Commission of the European
(1) Council Regulation (EEC) No 1408/71 of 14 June 1971 on
                                                                    Communities, represented by Richard Wainwright,
    the application of social security schemes to employed          Principal Legal Adviser, and Olivier Couvert-CasteÂra, a
    persons, to self-employed persons and to members of their       national civil servant on secondment to its Legal Service,
    families moving within the Community, (OJ, English Special      acting as Agents, with an address for service in
    Edition 1971, p 416).                                           Luxembourg at the Office of Carlos Gómez de la Cruz,
                                                                    Wagner Centre, Kirchberg.
                                                                    The Commission of the European Communities claims
                                                                    that the Court should:
                                                                    Ð declare that, by establishing, in Decree No 96Ð351 of
Reference for a preliminary ruling by the French Conseil
                                                                        19 April 1996 (1), a procedure for the registration of
d'Etat by decision of 6 January 1999 in the case of
                                                                        medical reagents, and by imposing in that decree the
Association Eglise de Scientologie de Paris' and
                                                                        obligation to state the registration number on the
Scientology International Reserves Trust v. French
                                                                        external packaging and the notice accompanying each
                            Republic
                                                                        reagent, the French Republic has failed to fulfil its
                         (Case C-54/99)                                 obligations under Article 30 of the EC Treaty;
                        (1999/C 100/30)
                                                                    Ð order the French Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by decision of 6 January 1999 by               Pleas in law and main arguments adduced in support
the French Conseil d'Etat, which was received at the
Court Registry on 16 February 1999, for a preliminary
ruling in the case of Association Eglise de Scientologie de        1. In the Commission's view, the application to all
Paris' and Scientology International Reserves Trust v.                  reagents covered by Decree No 96Ð351 of 19 April
French Republic on the following question:                              1996, without distinction as to the level of the