CELEX: C1998/113/07
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 February 1998 in Case C-163/96 (reference for a preliminary ruling from the Pretura Circondariale, La Spezia): Criminal proceedings against Silvano Raso and Others (Freedom to provide services - Competition - Special or exclusive rights - Undertakings holding a port terminal concession)

11.4.98               EN                  Official Journal of the European Communities                                      C 113/3
(such as the automatic renewal of the letting agreement)                            JUDGMENT OF THE COURT
suggest that the duration stated in the letting agreement
does not reflect the parties' true intention, in which case                                 (Fifth Chamber)
the actual total duration of the accommodation, rather                                    of 12 February 1998
than that specified in the letting agreement, would have to
be taken into consideration.                                         in Case C-366/96 (reference for a preliminary ruling from
                                                                     the Tribunal du Travail, Charleroi): Louisette Cordelle v.
(1) OJ C 351, 30.12.1995.
                                                                                Office National des Pensions (ONP) (1)
(2) OJ L 145, 13.6.1977, p. 1.
                                                                     (Social security Ð Articles 12(2) and 46a of Regulation
                                                                     (EEC) No 1408/71 Ð National rules against overlapping
                                                                                      Ð Benefits of the same kind)
                                                                                             (98/C 113/08)
               JUDGMENT OF THE COURT
                                                                                     (Language of the case: French)
                        (Fifth Chamber)
                     of 12 February 1998
in Case C-163/96 (reference for a preliminary ruling                   (Provisional translation; the definitive translation will be
from the Pretura Circondariale, La Spezia): Criminal                           published in the European Court Reports)
      proceedings against Silvano Raso and Others (1)
(Freedom to provide services Ð Competition Ð Special or
exclusive rights Ð Undertakings holding a port terminal              In Case C-366/96: reference to the Court pursuant to
                           concession)                               Article 177 of the EC Treaty from the Tribunal du Travail
                         (98/C 113/07)                               (Labour Court), Charleroi, Belgium, for a preliminary
                                                                     ruling in the proceedings pending before that court
                                                                     between Louisette Cordelle and Office National des
                                                                     Pensions (ONP) Ð on the interpretation of Article 12(2)
                (Language of the case: Italian)
                                                                     of Council Regulation (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 Community (2), as amended
  (Provisional translation; the definitive translation will be
                                                                     and updated by Council Regulation (EEC) No 2001/83 of
         published in the European Court Reports)
                                                                     2 June 1983 (3), and of Article 46a of Regulation (EEC)
                                                                     No 1408/71, as amended and updated by Regulation
                                                                     (EEC) No 2001/83 and subsequently amended by Council
In Case C-163/96: reference to the Court pursuant to                 Regulation (EEC) No 1248/92 of 30 April 1992 (4) Ð the
Article 177 of the EC Treaty from the Pretura                        Court (Fifth Chamber), composed of: M. Wathelet,
Circondariale, La Spezia (Italy), for a preliminary ruling in        President of the First Chamber, acting as President of the
the criminal proceedings pending before that court against           Fifth Chamber, J. C. Moitinho de Almeida, D. A. O.
Silvano Raso and Others Ð on the interpretation of                   Edward (Rapporteur), P. Jann and L. Sevón, Judges; C. O.
Articles 59, 86 and 90(1) of the EC Treaty Ð the Court               Lenz, Advocate-General; D. Louterman-Hubeau, Principal
(Fifth Chamber), composed of: C. Gulmann, President of               Administrator, for the Registrar, has given a judgment on
the Chamber, M. Wathelet (Rapporteur), J. C. Moitinho                12 February 1998, in which it has ruled:
de Almeida, P. Jann and L. Sevón, Judges; N. Fennelly,
Advocate-General; H. von Holstein, Deputy Registrar, for
the Registrar, has given a judgment on 12 February 1998,
in which it has ruled:                                               Article 12(2) of Council Regulation (EEC) No 1408/71 of
                                                                     14 June 1971 on the application of social-security schemes
                                                                     to employed persons, to self-employed persons and to
Articles 86 and 90 of the EC Treaty must be interpreted              members of their families moving within the Community,
as precluding a national provision which reserves to a               as amended and updated by Council Regulation (EEC)
dock-work company the right to supply temporary labour               No 2001/83 of 2 June 1983, does not preclude a Member
to other undertakings operating in the port in which it is           State from applying a rule against overlapping under
established, when that company is itself authorised to               which, when calculating a survivor's pension awarded
carry out dock work.                                                 under its own legislation on the basis of the deceased
                                                                     spouse's working life, account is to be taken of benefits to
                                                                     which the survivor is entitled in his or her own right in
(1) OJ C 197, 6.7.1996.                                              another Member State where those benefits are to be
                                                                     classified as retirement pensions or other equivalent
                                                                     benefits under the legislation of the first Member State. It
                                                                     is for the national court to decide on the classification, for