CELEX: C2002/144/48
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-165/02: Action brought on 2 May 2002 by the Kingdom of Spain against the Commission of the European Communities

C 144/28                EN                     Official Journal of the European Communities                                      15.6.2002
3)    Must the person who acquired the specimen more than                 —     point H(e) of that annex (relating to Italy) includes,
      50 years previously be the present owner?                                 amongst the benefits under the Italian system which are
                                                                                subject to residence requirements, benefits supplementing
                                                                                the minimum pension;
4)    Do the provisions on exemption in Article 32 of Regu-
      lation No 1808/2001 (2) mean that no assessment by the
                                                                          —     benefits supplementing the minimum pension do not
      authority in accordance with Article 2(w) of Regulation
                                                                                possess the characteristics of an autonomous benefit, but
      No 338/97 is required?
                                                                                must instead be regarded as an integral element of the
                                                                                benefit to be awarded,
(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the           —     the Court of Justice is requested to give a preliminary
    protection of species of wild fauna and flora by regulating trade           ruling on the validity of Annex IIa of Regulation No 1408/
    therein (OJ L 061 of 3.3.1997, p. 1).                                       71, inasmuch as it includes amongst the ‘non-exportable’
(2) Commission Regulation (EC) No 1808/2001 of 30 August 2001                   benefits listed in point H(e) (relating to Italy) the sup-
    laying down detailed rules concerning the implementation of                 plement to the minimum pension as provided for by the
    Council Regulation (EC) No 338/97 on the protection of species              Italian legislation;
    of wild fauna and flora by regulating trade therein (OJ L 250 of
    19.9.2001, p. 1).
                                                                          in other words, a ruling is requested on the question whether
                                                                          that annex is compatible with Articles 39 and 42 of the EC
                                                                          Treaty inasmuch as it precludes the exportability not of a
                                                                          special non-contributory benefit but rather of an element of a
                                                                          contributory benefit (in this case, an old-age pension) which
                                                                          cannot be subject to any residence requirement.
                                                                          (1) OJ L 149 of 5.7.1971, p. 2.
                                                                          (2) OJ L 136 of 19.5.1992, p. 1.
Reference for a preliminary ruling by the Tribunale di
Roma by order of that Court of 5 April 2002 in the
case of Lidia Marcaletti against Istituto nazionale della
                    previdenza sociale (INPS)
                         (Case C-158/02)
                                                                          Action brought on 2 May 2002 by the Kingdom of Spain
                                                                            against the Commission of the European Communities
                         (2002/C 144/47)
                                                                                                    (Case C-165/02)
                                                                                                    (2002/C 144/48)
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Roma
(Rome District Court) of 5 April 2002, received at the Court
Registry on 29 April 2002, for a preliminary ruling in the case
of Lidia Marcaletti against Istituto nazionale della previdenza           An action against the Commission of the European Communi-
sociale (INPS) (National Social Welfare Institution) on the               ties was brought before the Court of Justice of the European
following questions: Whereas:                                             Communities on 2 May 2002 by the Kingdom of Spain,
                                                                          represented by Rosario Silva de Lapuerta, Abogado del Estado,
                                                                          with an address for service in Luxembourg at the Spanish
—     Article 4 of Regulation (EEC) No 1408/71 (1) lists the              Embassy, 4-6, boulevard E. Servais.
      benefits from amongst the various branches of social
      security which fall within the substantive scope of that
      regulation;                                                         The applicant claims that the Court should:
                                                                          —    annul Commission Regulation (EC) No 494/2002 (1) of
—     Article 1(t) sets out a Community definition of the terms
                                                                                19 March 2002 establishing additional technical
      ‘benefits’ and ‘pensions’;
                                                                                measures for the recovery of the stock of hake in ICES
                                                                                sub-areas III, IV, V, VI and VII and ICES divisions VIII a,
—     Annex IIa, introduced by Regulation No 1247/92 (2) of                     b, d, e;
      30 April 1992, refers to the special non-contributory
      benefits which are subject to residence conditions;                 —    order the defendant institution to pay the costs.
 ---pagebreak--- 15.6.2002               EN                   Official Journal of the European Communities                                     C 144/29
Pleas in law and main arguments                                                Removal from the register of Case C-233/99 (1)
                                                                                                 (2002/C 144/50)
—     Incorrect legal basis and lack of competence of the
      Commission: The contested regulation has as its legal
      basis Article 45(1) of Council Regulation (EC) No 850/98
      for the conservation of fishery resources through techni-
                                                                        By order of 21 March 2002 the President of the Court of
      cal measures for the protection of juveniles of marine
                                                                        Justice of the European Communities ordered the removal
      organisms. That provision confers on the Commission
                                                                        from the register of Case C-233/99 (Reference for a preliminary
      limited legislative power which that institution may use
                                                                        ruling by Københavns Byret): Anklagemyndigheden (Public
      only in such cases and under such conditions as provided
                                                                        Prosecution Department) v Tonny Haugsted Hansen.
      in that provision, whilst general power to legislate in the
      matter of fisheries resides with the Council in accordance
      with the procedure laid down in Article 37 EC. In the
      present case, the Commission refers to a report of                (1) OJ C 246 of 28.8.1999.
      November 2000 by the International Council for the
      Exploration of the Sea and to Regulation No 1162/2001
      (which, in the Commission’s own words ‘cannot produce
      any effect whatsoever’ — see OJ L 47 of 19.2.2002,
      p. 21). No other data are produced to substantiate the
      statement made on 19 March that conservation of hake
      resources in the ICES areas affected required immediate
      action by the Commission.
                                                                               Removal from the register of Case C-369/99 (1)
—     Breach of the principle of non-discrimination:
                                                                                                 (2002/C 144/51)
—     Lack of a statement of reasons
                                                                        By order of 19 March 2002 the President of the Court of
The main arguments put forward in support of the last two
                                                                        Justice of the European Communities ordered the removal
pleas are similar to those in Case C-304/01 (2).
                                                                        from the register of Case C-369/99: Kingdom of Spain v
                                                                        Commission of the European Communities.
(1) OJ L 77, p. 8 of 20.3.2002.
(2) OJ C 289 of 13.10.2001, p. 15.                                      (1) OJ C 6 of 8.1.2000.
        Removal from the register of Case C-61/99 (1)                          Removal from the register of Case C-407/99 (1)
                          (2002/C 144/49)                                                        (2002/C 144/52)
By order of 8 February 2002 the President of the Court of               By order of 11 December 2001 the President of the Court of
Justice of the European Communities ordered the removal                 Justice of the European Communities ordered the removal
from the register of Case C-61/99 (Referral for a preliminary           from the register of Case C-407/99 (Referral for a preliminary
ruling by the Landgericht Mainz): Deutsche Post AG v Landal             ruling by the Bundessozialgericht): Vetharanigam Pathminidevi
Green Parks GmbH.                                                       v Landeskreditbank Baden-Württemberg — Förderbank.
(1) OJ C 121 of 1.5.1999.                                               (1) OJ C 34 of 5.2.2000.