CELEX: C2001/369/01
Language: en
Date: 2001-12-22 00:00:00
Title: Judgment of the Court of 11 October 2001 in Joined Cases C-95/99 to C-98/99 and C-180/99 (references for a preliminary ruling from the Bundessozialgericht): Mervett Khalil (C-95/99), Issa Chaaban (C-96/99), Hassan Osseili (C-97/99) v Bundesanstalt für Arbeit, Mohamad Nasser (C-98/99) v Landeshauptstadt Stuttgart and Meriem Addou (C-180/99) v Land Nordrhein-Westfalen (Social security — Article 51 of the EEC Treaty (later Article 51 of the EC Treaty and now, after amendment, Article 42 EC) — Article 2(1) of Regulation (EEC) No 1408/71 — Stateless persons — Refugees)

22.12.2001              EN                      Official Journal of the European Communities                                               C 369/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       of: G.C. Rodrı́guez Iglesias, President, P. Jann, F. Macken,
                                                                             N. Colneric and S. von Bahr (Presidents of Chambers), C. Gul-
                       of 11 October 2001                                    mann, D.A.O. Edward, A. La Pergola, J.-P. Puissochet, L. Sevón
                                                                             (Rapporteur), M. Wathelet, R. Schintgen and V. Skouris, Judges;
in Joined Cases C-95/99 to C-98/99 and C-180/99 (refer-                      F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
ences for a preliminary ruling from the Bundessozialge-                      judgment on 11 October 2001, in which it has ruled:
richt): Mervett Khalil (C-95/99), Issa Chaaban (C-96/99),
Hassan Osseili (C-97/99) v Bundesanstalt für Arbeit,
Mohamad Nasser (C-98/99) v Landeshauptstadt Stuttgart
and Meriem Addou (C-180/99) v Land Nordrhein-Westfa-
                                len (1)                                      1.    Examination of the first question referred has disclosed no factor
                                                                                   of such a kind as to affect the validity of Council Regulation
(Social security — Article 51 of the EEC Treaty (later Article                     (EEC) No 1408/71 of 14 June 1971 on the application of
51 of the EC Treaty and now, after amendment, Article 42                           social security schemes to employed persons, to self-employed
EC) — Article 2(1) of Regulation (EEC) No 1408/71 —                                persons and to members of their families moving within the
                 Stateless persons — Refugees)                                     Community, as amended and updated by Council Regulation
                                                                                   (EEC) No 2001/83 of 2 June 1983, in so far as it includes in
                          (2001/C 369/01)                                          its personal scope stateless persons or refugees residing in the
                                                                                   territory of one of the Member States and members of their
                                                                                   families.
                   (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            2.    Workers who are stateless persons or refugees residing in the
                                                                                   territory of one of the Member States, and members of their
                                                                                   families, cannot rely on the rights conferred by Regulation
In Joined Cases C-95/99 to C-98/99 and C-180/99: reference                         No 1408/71, as amended and updated by Regulation No
to the Court under Article 177 of the EC Treaty (now Article                       2001/83, where they are in a situation which is confined in all
234 EC) from the Bundessozialgericht (Federal Social Court)                        respects within that one Member State.
(Germany) for a preliminary ruling in the proceedings pending
before that court between Mervett Khalil (C-95/99), Issa
Chaaban (C-96/99), Hassan Osseili (C-97/99) and Bundesan-
stalt für Arbeit, between Mohamad Nasser (C-98/99) and
Landeshauptstadt Stuttgart and between Meriem Addou
(C-180/09) and Land Nordrhein-Westfalen — on the validity                    (1) OJ C 160 of 5.6.1999; OJ C 204 of 17.7.1999.
and interpretation 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, as amended
and updated by Council Regulation (EEC) No 2001/83 of
2 June 1983 (OJ 1983 L 230, p. 6) — the Court, composed