CELEX: C2001/200/44
Language: en
Date: 2001-07-14 00:00:00
Title: Order of the Court (Fifth Chamber) of 26 October 2000 in Case C-165/99: Republic of Austria v Commission of the European Communities (Proceedings brought out of time — Inadmissibility)

14.7.2001                EN                      Official Journal of the European Communities                                           C 200/25
des assurances sociales (Luxembourg) (Social Insurance                      5.    A person receiving an invalidity pension who resides in a
Appeals Board) for a preliminary ruling in the proceedings                        Member State other than the State providing his pension is not
pending before that court between Ghislain Leclere and Alina                      a worker within the meaning of Article 7 of Council Regulation
Deaconescu and Caisse nationale des prestations familiales —                      (EEC) No 1612/68 of 15 October 1968 on freedom of
on, first, the interpretation of Articles 48 and 51 of the EC                     movement for workers within the Community and does not
Treaty (now, after amendment, Articles 39 EC and 42 EC),                          enjoy rights attaching to that status unless they derive from his
Articles 1(u), 10a, 73 and 77 of Council Regulation (EEC)                         previous professional activity.
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed
persons and to members of their families moving within the                  (1) OJ C 100 of 10.4.1999.
Community, as amended and updated by Council Regulation
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) and
of Council Regulation (EEC) No 1612/68 of 15 October 1968
on freedom of movement for workers within the Community
(OJ, English Special Edition 1968 (II), p. 475) and, second, the
validity of Articles 1(u)(i) and 10a of and Annexes II and IIa to,
Regulation No 1408/71, as amended and updated by Regu-
lation No 118/97 — the Court, composed of: G.C. Rodrı́guez
Iglesias, President, C. Gulmann and A. La Pergola (Presidents                                    ORDER OF THE COURT
of Chambers), D.A.O. Edward, J.-P. Puissochet (Rapporteur),
P. Jann, R. Schintgen, N. Colneric, S. von Bahr, J.N. Cunha                                            (Fifth Chamber)
Rodrigues and C.W.A. Timmermans, Judges; F.G. Jacobs,
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 31 May 2001, in                                          of 26 October 2000
which it has ruled:
                                                                            in Case C-165/99: Republic of Austria v Commission of
                                                                                             the European Communities (1)
                                                                                 (Proceedings brought out of time — Inadmissibility)
1.    Examination of the first question referred to the Court has
      disclosed no factor of such a kind as to call into question the
      validity of Article 1(u)(i) of and Annex II to Council Regulation                                (2001/C 200/44)
      (EEC) No 1408/71 of 14 June 1971 on the application of
      social security schemes to employed persons, to self-employed
      persons and to members of their families moving within the                               (Language of the case: German)
      Community, as amended and updated by Council Regulation
      (EC) No 118/97 of 2 December 1996, in so far as they permit
      the imposition of a residence condition for the grant of
      Luxembourg antenatal and childbirth allowances.                       (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                                                                            In Case C-165/99: Republic of Austria (Agent: H. Dossi,
2.    Annex IIa to Regulation No 1408/71, as amended and                    assisted by M. Schütte) v Commission of the European
      updated by Regulation No 118/97, is invalid in so far as              Communities (Agents: V. Kreuschitz and D. Triantafyllou) —
      the Luxembourg maternity allowance appears in point I.                application for annulment of Commission Decision
      Luxembourg (b) thereof.                                               1999/779/EC of 3 February 1999 on an Austrian state aid
                                                                            granted in the form of an exemption from beverage tax of
                                                                            wine and other fermented beverages sold directly on the place
                                                                            of production to the consumer (OJ 1999 L 305, p. 27) — the
3.    An allowance such as the Luxembourg child-raising allowance           Court (Fifth Chamber), composed of: A. La Pergola, President
      is not one of the family allowances which, pursuant to                of the Chamber, M. Wathelet (Rapporteur), P. Jann, L. Sevón
      Article 77 of Regulation No 1408/71, as amended and                   and C.W.A. Timmermans, Judges; A. Tizzano, Advocate
      updated by Regulation No 118/97, are to be paid to persons            General; R. Grass, Registrar, has made an order on 26 October
      receiving pensions for old age, invalidity or an accident at work     2000, the operative part of which is as follows:
      or occupational disease, irrespective of the Member State in
      whose territory they are residing.                                    1.    The action is dismissed as inadmissible.
                                                                            2.    The Republic of Austria is to pay the costs.
4.    A person receiving an invalidity pension cannot derive from
      Article 73 of Regulation No 1408/71, as amended and                   (1) OJ C 226 of 7.8.1999.
      updated by Regulation No 118/97, a right to family benefits
      other than the family allowances referred to in Article 77 of
      that regulation.