CELEX: C1996/210/08
Language: en
Date: 1996-07-20 00:00:00
Title: ORDER OF THE COURT of 23 May 1996 in the case of Daniel Zanone v. Council of Europe and the French Republic (Case C-9/96 P)

No C 210/4            EN                  Official Journal of the European Communities                                   20 . 7 . 96
              JUDGMENT OF THE COURT                                  of Cassation ) for a preliminary ruling in the proceedings
                       ( Third Chamber )                             pending before that court between Office National de
                                                                     l'Emploi and Calogero Spataro — on the interpretation of
                        of 13 June 1996                              Article 69 ( 4 ) of Council Regulation ( EEC ) No 1408/71 of
in Case C-144/95 ( reference for a preliminary ruling made           14 June 1971 on the application of social security schemes
by the Tribunal de Police,«'Toulouse ): Criminal proceedings         to employed persons, to self-employed persons and to
                against Jean-Louis Maurin ( 1 )                      members of their families moving within the Community, as
(Request for a preliminary ruling — Interpretation of the            amended and updated by Council Regulation ( EEC )
principles concerning observance ofthe rights ofthe defence          No 2001 /83 ( OJ No L 230, 1983 , p . 6 ) — the Court ( Third
and of the adversarial nature of proceedings — National              Chamber ), composed of: J. -P. Puissochet ( Rapporteur ),
legislation and the prevention offraud — Foodstuffs — No             President of the Chamber, J. C. Moitinho de Almeida and C.
                            jurisdiction)                            Gulmann, Judges; C. O. Lenz, Advocate-General; D.
                                                                     Louterman-Hubeau , Principal Administrator, for the
                          ( 96/C 210/06 )                            Registrar, gave a judgment on 13 June 1996 the operative
                                                                     part of which is as follows :
               (Language of the case: French)
(Provisional translation; the definitive translation will be         Article 69 (4) of Council Regulation (EEC) No 1408/71 of
         published in the European Court Reports)                    14 June 1971 on the application of social security schemes
                                                                     to employed persons, to self-employed persons and to
In Case C-144/95 : reference to the Court under Article 177          members of their families moving within the Community, as
of the EC Treaty by the Tribunal de Police ( Local Crime             amended and updated by Council Regulation (EEC)
Court), Toulouse ( France ), for a preliminary ruling in the         No 2001 /83 of 2 June 1983 , applies not to an unemployed
criminal proceedings before that court against Jean-Louis            person's acquisition of entitlement to benefits, but to his
Maurin — on the interpretation of the principles concerning          requalification for benefits, when he returns to Belgium
observance of the rights of the defence and of the adversarial       after the three-month period prescribed by Article 69 (1 ) (c)
nature of proceedings — the Court ( Third Chamber ),                 has expired. Article 69 (4) does not permit entitlement to
composed of: J. -P. Puissochet, President of the Chamber,            benefits to be denied to unemployed persons who, on the
J. C. Moitinho de Almeida ( Rapporteur ) and C. Gul­                 date of their application for benefits, fulfil the conditions
mann, Judges; A. La Pergola , Advocate-General; D.                   imposed by Belgian law for acquisition of such
Louterman-Hubeau , Principal Administrator, for the                  entitlement.
Registrar, has given a judgment on 13 June 1996 , the
operative part of which is as follows :                              (') OJ No C 208 , 12 . 8 . 1995 .
The Court does not have jurisdiction to determine whether
procedural rules applicable to offences under national
legislation which falls outside the scope of Community law
may be in breach of the principles concerning observance of
the rights of the defence and of the adversarial nature of
proceedings.                                                                           ORDER OF THE COURT
(') OJ No C 208 , 12 . 8 . 1995 .                                                           of 23 May 1996
                                                                     in the case of Daniel Zanone v. Council of Europe and the
                                                                                             French Republic
                                                                                              Case C-9/96 P )
              JUDGMENT OF THE COURT                                                            ( 96/C 210/08 )
                       ( Third Chamber )
                        of 13 June 1996                              On 15 January 1996 an appeal was lodged before the Court
                                                                     of Justice of the European Communities against the order of
in Case C-170/95 ( reference for a preliminary ruling from           the Court of First Instance of the European Communities of
the Belgian Cour de Cassation ): Office National de l'Emploi         16 November 1995 dismissing, on the ground of manifest
                   v. Calogero Spataro (')                           lack of jurisdiction, the action brought by Daniel Zanone ,
(Social security — Unemployment benefit — Article 69 (4)             represented by Véronique Ducros de Lafarge de Romefort,
             of Regulation (EEC) No 1408/71)                         of the Paris Bar, 17 rue des archives, Paris, against the
                          ( 96/C 210/07 )                            Council of Europe and the French Republic, the proceedings
                                                                     not having been served on the defendants .
               (Language of the case: French)
                                                                     By order of 23 May 1996 the Court of Justice ( First
(Provisional translation; the definitive translation will be         Chamber ) dismissed the appeal and ordered the appellant to
         published in the European Court Reports)                    bear his own costs .
In Case C-170/95 : reference to the Court under Article 177
of the EC Treaty from the Belgian Cour de Cassation ( Court