CELEX: C1997/370/09
Language: en
Date: 1997-12-06 00:00:00
Title: Reference for a preliminary ruling by the Tribunale Civile e Penale di Firenze by order of that court of 8 October 1997 in the criminal proceedings against Massimo and Paolo Romanelli (Case C-366/97)

C 370/4             I EN                     Official Journal of the European Communities                                   6 . 12 . 97
Reference for a preliminary ruling by the Centrale Raad                      23 November 1993 concerning the minimum health
van Beroep by judgment of that court of 24 September                         and safety requirements for work on board fishing
1997 in the case of H. Nijhuis v. Landelijk Instituut                        vessels and/or by failing to inform the Commission
                     Sociale Verzekeringen                                   thereof; and
                        ( Case C-360/97 )
                                                                        b ) condemn Ireland to bear the costs of the procedure .
                           ( 97/C 370/07 )
                                                                        Pleas in law and main arguments adduced in support:
Reference has been made to the Court of Justice of the
European Communities by judgment of the Centrale Raad                   Article 189 of the EC Treaty, under which a directive shall
van Beroep (Higher Social Security Court ) of 24 September              be binding, as to the result to be achieved, upon each
1997, received at the Court Registry on 22 October 1997,                Member State, carries by implication an obligation on the
for a preliminary ruling in the case of H. Nijhuis v.                   Member States to observe the period for compliance laid
Landelijk Instituut Sociale Verzekeringen on the following              down in the directive. That period expired on
questions .                                                             23 November 1995 without Ireland having enacted the
                                                                        provisions necessary to comply with the directive referred
                                                                        to in the conclusions of the Commission .
1 . When applying Article 46 ( 2 ) in conjunction with
     Article 45 (4 ) of Regulation ( EEC ) No 1408/71 , and
     on the basis of Articles 48 and 51 of the EC Treaty, is            (') OJ L 307, 13 . 12 . 1993 , p . 1 .
     point 4 ( a ) of section J of Annex VI to Regulation
     ( EEC ) No 1408/71 ( in the version in force at the
     material time ) to be interpreted as meaning that, in the
     case of a person who has worked exclusively in the
     Netherlands in the period from 15 October 1968 to
     1 April 1974 and who was insured throughout that                   Reference for a preliminary ruling by the Tribunale Civile
     period against invalidity under a special scheme for               e Penale di Firenze by order of that court of 8 October
     civil servants, that period should also be taken into              1997 in the criminal proceedings against Massimo and
     account in accordance with that section of the annex                                          Paolo Romanelli
     when determining invalidity benefits ?                                                        ( Case C-366/97 )
                                                                                                     ( 97/C 370/09 )
2 . If so, is the competent institution for the
     determination of benefits on the basis of those periods
     the institution referred to in point 2 ( b ) of section J of       Reference has been made to the Court of Justice of the
     Annex 2 to Regulation ( EEC ) No 574/72 or is it the               European Communities by order of the Tribunale Civile e
     competent institution under national law in regard to              Penale di Firenze ( Civil and Criminal District Court,
     invalidity insurance for civil servants, notwithstanding           Florence ) of 8 October 1997, received at the Court
     the fact that the latter institution is not referred to in         Registry on 24 October 1997, for a preliminary ruling in
     the said annex ?                                                   the criminal proceedings against Massimo and Paolo
                                                                        Romanelli on the following question :
                                                                        whether the expression 'repayable funds' contained in
                                                                        Directive 89/646/EEC (') of 15 December 1989 refers only
                                                                        to financial instruments which possess the intrinsic
Action brought on 22 October 1997 by the Commission                     characteristic of repayability or whether that expression
         of the European Communities against Ireland                    refers also to those financial instruments which, although
                                                                        not possessing that intrinsic characteristic, are the subject
                         ( Case C-364/97 )                              of a contractual agreement to repay the amount paid ?
                            ( 97/C 370/08 )
                                                                         (») OJ L 386 , 30 . 12 . 1989, p . 1 .
An action against Ireland was brought before the Court of
Justice of the European Communities on 22 October 1997
 by the Commission of the European Communities,
 represented by Mr Pieter Jan Kuijper, legal adviser, acting
 as Agent, with an address for service in Luxembourg at                  Action brought on 24 October 1997 by the Commission
 the office of Mr Carlos Gomez de la Cruz, a member of                   of the European Communities against the Kingdom of the
 its Legal Service, Centre Wagner, Luxembourg.                                                          Netherlands
                                                                                                     Case C-367/97 )
 The applicant claims that the Court should :
                                                                                                      ( 97/C 370/ 10 )
 a ) find that Ireland has failed to fulfil its obligations
      under the EC Treaty by failing to adopt the laws,                  An action against the Kingdom of the Netherlands was
      regulations or administrative provisions necessary to              brought before the Court of Justice of the European
      comply     with     Council     Directive    93/103 (')   of       Communities on 24 October 1997 by the Commission of