CELEX: C1996/354/06
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 September 1996 in Case C-251/94 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco): Eduardo Lafuente Nieto v. Instituto Nacional de la Seguridad Social (INSS) and Tesorería General de la Seguridad Social (TGSS) (Social security - Invalidity - Articles 46 and 47 of Regulation (EEC) No 1408/71 - Calculation of benefits)

No C 354/4            EN                   Official Journal of the European Communities                                  23 . 11 . 96
              JUDGMENT OF THE COURT                                       by Article 51 of the EEC (now the EC) Treaty, implies
                         ( Fifth Chamber )                                that, in a situation such as that at issue in the main
                                                                          proceedings, calculation of the average basis for
                    of 12 September 1996                                  contributions rests solely on the amount of
in Case C-251 /94 ( reference for a preliminary ruling from               contributions paid under the legislation concerned, and
the Tribunal Superior de Justicia de la Comunidad                         the theoretical amount of the benefit thus obtained is to
Autónoma del País Vasco ): Eduardo Lafuente Nieto v.                      be duly revalorized and increased as if the person
Instituto Nacional de la Seguridad Social ( INSS ) and                    concerned had continued to work under the same
    Tesorería General de la Seguridad Social ( TGSS )( ] )                conditions in the Member State in question.
(Social security — Invalidity — Articles 46 and 47 of
Regulation (EEC) No 1408/71 — Calculation of
                               benefits)                              3 . Article 46 (2) (c) of Regulation (EEC) No 1408/71 does
                                                                          not cover the calculation of invalidity benefits under a
                           ( 96/C 354/06 )                                scheme such as that provided for by Spanish legislation,
                                                                          whereby the amount of benefit does not depend on the
               (Language of the case: Spanish)                            length of the insurance periods.
                                                                      (') OJ No C 316 , 12 . 11 . 1994 .
(Provisional translation; the definitive translation will be
         published in the European Court Reports)
In Case C-251 /94 : reference to the Court under Article 177
of the EC Treaty by the Tribunal Superior de Justicia de la
Comunidad Autonoma del Pais Vasco [High Court of
Justice of the Basque Autonomous Community] ( Spain ) for
a preliminary ruling in the proceedings pending before that
court between Eduardo Lafuente Nieto and Instituto                                  JUDGMENT OF THE COURT
Nacional de la Seguridad Social ( INSS ) and Tesoreria                                        ( Fifth Chamber )
General de la Seguridad Social ( TGSS ) — on the
interpretation and validity of Article 47 ( 1 ) of Council                                of 12 September 1996
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the                  in Case C-278/94 : Commission of the European
application of social security schemes to employed persons,                     Communities v. Kingdom of Belgium ( ] )
to self-employed persons and to members of their families             (Failure ofa Member State to fulfil its obligations — Indirect
moving within the Community, as amended and updated by                discrimination on grounds of nationality — Children of
Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ            migrant workers — Social advantages — Young people
No L 230 , 1 983 , p. 6 ) and as adapted by Annex I, Part VIII ,      seeking first employment — Access to special employment
of the Act concerning the conditions of accession of the                                         programmes)
Kingdom of Spain and the Portuguese Republic and the
                                                                                                ( 96/C 354/07 )
adjustments to the Treaties ( OJ No L 302 , 1985 , p. 170 ),
and on the interpretation of Article 46 ( 2 ) of that regulation
— the Court ( Fifth Chamber ), composed of: D. A. O.
Edward, President of the Chamber, J. -P. Puissochet                                  (Language of the case: French)
( Rapporteur ), P. Jann, L. Sevon and M. Wathelet, Judges; A.
La Pergola , Advocate-General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 12 September               (Provisional translation; the definitive translation will be
1996 , in which it rules :                                                    published in the European Court Reports)
1 . Article 47 ( 1 ) (e) of Council Regulation (EEC)                  In Case C-278/94 : Commission of the European
    No 1408/71 of 14 June 1971 on the application ofsocial            Communities ( Agent: M. Wolfcarius ) v. Kingdom of
    security schemes to employed persons, to self-employed            Belgium ( Agents : J. Devadder and C. Deneve ) — application
    persons and to members of their families moving within            for a declaration that, by requiring that young people
    the Community, as amended and updated by Council                  seeking their first employment have completed their
    Regulation (EEC) No 2001 /83 of 2 June 1983 and as                secondary education in an establishment subsidized or
    adapted by Annex 1, Part VIII of the Act concerning the           approved by the Belgian State ( or by one of its communities )
    conditions ofaccession of the Kingdom of Spain and the            in order to be eligible for tideover allowances, and by
    Portuguese Republic and the adjustments to the                    encouraging employers at the same time to take on
     Treaties, covers a system for calculating invalidity             beneficiaries of those unemployment allowances by
    benefits on an average basis for contributions, as laid           providing for the State to assume responsibility in such a
    down by the Spanish legislation .                                 case for the remuneration and social security contributions
                                                                      for such workers if they are wholly unemployed and on
                                                                      benefit, the Kingdom of Belgium has failed to fulfil its
2 . Article 47 (1 ) (e) of Regulation (EEC) No 1408/71 ,              obligations under Article 48 of the EC Treaty and Articles 3
    interpreted in accordance with the objective laid down            and 7 of Regulation ( EEC ) No 1612/68 of the Council of