CELEX: C2000/034/18
Language: en
Date: 2000-02-05 00:00:00
Title: Case C-407/99: Reference for a preliminary ruling by the Bundessozialgericht by order of 5 August 1999 in the case of Vetharanigam Pathminidevi v Landeskreditbank Baden-Württemberg-Förderbank

C 34/10                 EN                    Official Journal of the European Communities                                           5.2.2000
the Portuguese Republic has failed to fulfil its obligations                  nationals of a non-member country if such persons have
under Articles 6(2), 8(2)(a), 13 and 17 of Directive 75/439/EEC               no right of free movement under the Treaty of 25 March
as amended by Council Directive 87/101/EEC and under the                      1957 establishing the European Community, as amended
first paragraph of Article 10 and the third paragraph of                      by the Treaty of 7 February 1992 on European Union?
Article 249 of the EC Treaty;
                                                                         2. If the answer to Question 1 is in the affirmative:
(b) Order the Portuguese Republic to pay the costs.
                                                                              If a person living with a employed person, who is a
                                                                              recognised refugee, in a cohabitation relationship similar
Pleas in law and main arguments                                               to marriage and who looks after and raises the couple’s
                                                                              child also to be regarded as a member of the family
                                                                              within the meaning of Article 1(f)(i) of Regulation (EEC)
The mandatory nature of the provisions of the third paragraph
                                                                              No 1408/71?
of Article 249 and the first paragraph of Article 10 of the EC
Treaty requires Member States to adopt the measures necessary
                                                                         3. If the answer to Question 1 is in the affirmative:
to transpose directives addressed to them into their domestic
law before the expiry of the period prescribed for doing so and
                                                                              Does Regulation (EEC) No 1408/71 also apply in the case
forthwith to inform the Commission thereof. That period,
                                                                              where a refugee has travelled directly to a Member State
which is laid down in Article 2 of Directive 87/101/EEC,
                                                                              from a non-member country and has not moved within
expired on 1 January 1990 without Portugal having so far
                                                                              the Community?
brought into force the abovementioned provisions.
                                                                         4. If the answers to Questions 1 and 3 are in the affirmative,
(1) Council Directive 78/319/EEC of 20 March 1978 on toxic and                but Question 2 falls to be answered in the negative:
    dangerous waste (OJ 1978 L 84, p. 43).
(2) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975            Do provisions of Community law preclude national rules
    L 194, p. 39).                                                            under which, even in the event of recognition as a refugee,
(3) Council Directive 91/156/EEC of 18 March 1991 amending                    entitlement to family benefits cannot exist retroactively
    Directive 75/442/EEC on waste (OJ 1991 L 78, p. 32).                      but arises only once a residence permit has been issued?
(4) Council Directive 91/689/EEC of 12 December 1991 on hazard-
    ous waste (OJ 1991 L 377, p. 20).
(5) Council Directive 75/439/EEC of 16 June 1975 on the disposal         (1) JO L 149 of 5.7.1971, p. 2 ; OJ, English Special Edition 1971 (II),
    of waste oils (OJ 1975 L 194, p. 23).                                    p. 416.
(6) Council Directive 87/101/EEC of 22 December 1986 amending
    Directive 75/439/EEC on the disposal of waste oils (OJ 1987 L
    42, p. 43).
                                                                         Reference for a preliminary ruling by the Bundessozial-
                                                                         gericht by order of that Court of 5 August 1999 in the
                                                                         case of Akhtar Seyed Abbasy against Landeskreditbank
Reference for a preliminary ruling by the Bundessozial-                                 Baden-Württemberg-Förderbank
gericht by order of 5 August 1999 in the case of Vetharani-
gam Pathminidevi v Landeskreditbank Baden-Württem-
                                                                                                  (Case C-425/99)
                         berg-Förderbank
                                                                                                   (2000/C 34/19)
                         (Case C-407/99)
                                                                         Reference has been made to the Court of Justice of the
                          (2000/C 34/18)
                                                                         European Communities by order of the Bundessocialgericht
                                                                         (Federal Social Court) of 5 August 1999, received at the Court
Reference has been made to the Court of Justice of the                   registry on 3 November 1999, for a preliminary ruling in
European Communities by order of 5 August 1999 from the                  the case of Akhtar Seyed Abbasy against Landeskreditbank
Bundessozialgericht (Federal Social Court), which was received           Baden-Württemberg-Förderbank, on the following question:
at the Court Registry on 25 October 1999, for a preliminary
ruling in the case of Vetharanigam Pathminidevi v Landeskre-             1. Is Regulation (EEC) No 1408/71 (1) of the Council of
ditbank Baden-Württemberg-Förderbank on the following                         14 June 1971 on the application of social security schemes
questions:                                                                    to employed persons and their families moving within the
                                                                              Community applicable to refugees and members of their
1. Does Council Regulation (EEC) No 1408/71 (1) of 14 June                    family who are nationals of a third country if they do not
     1971 on the application of social security schemes to                    enjoy the right of freedom of movement under the Treaty
     employed persons, to self-employed persons and to mem-                   establishing the European Communities of 25 March
     bers of their families moving within the Community apply                 1957, as amended by the Treaty on European Union of
     to refugees and to members of their families who are                     7 February 1992?