CELEX: C1999/048/03
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 10 December 1998 in Case C-279/97 (reference for a preliminary ruling from the Centrale Raad van Beroep): Bestuur van het Landelijk Instituut Sociale Verzekeringen v. C. J. M. Voeten and J. Beckers (Social security - Frontier workers - Invalidity - Medical examination)

C 48/2               EN                   Official Journal of the European Communities                                    20.2.1999
Zuchtschweine Epe GbR, a partnership governed by                     Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,
German law, established in Neuenkirchen (Germany),                   Administrator, for the Registrar, has given a judgment on
represented by Gerd Rentzmann and Rudolf Brenken,                    10 December 1998, in which it has ruled:
Rechtsanwälte, Quakenbrück, with an address for service
in Luxembourg at the Chambers of Michel Molitor, Pierre
                                                                     1. In the case of a former frontier worker and recipient
Feltgen and AndreÂ Harpes, 14A Rue des Bains Ð appeal
                                                                          of invalidity benefits who lives in a Member State
against the judgment of the Court of First Instance of the
                                                                          other than that of the institution responsible for
European Communities (Fifth Chamber) of 15 April 1997
                                                                          payment, and whose place of residence is nearer to the
in Case T-390/94 Schröder and Others v. Commission
                                                                          institution of the competent Member State than to the
[1997] ECR II-501, seeking to have that judgment set
                                                                          institution of the State of residence, Article 51(1) of
aside, the other party to the proceedings being:
                                                                          Regulation (EEC) No 574/72 of the Council of
Commission of the European Communities (Agent:
                                                                          21 March 1972 fixing the procedure for implementing
Claudia Schmidt, assisted by Bertrand Wägenbaur) Ð the
                                                                          Regulation (EEC) No 1408/71 on the application of
Court (Fifth Chamber), composed of: P. Jann
                                                                          social security schemes to employed persons and their
(Rapporteur), President of the First Chamber, acting as
                                                                          families moving within the Community, as amended
President of the Fifth Chamber, C. Gulmann, D. A. O.
                                                                          and updated by Regulation (EEC) No 2001/83
Edward, L. Sevón and M. Wathelet, Judges; D.
                                                                          precludes the competent institution from carrying out
Ruiz-Jarabo Colomer, Advocate-General; R. Grass,
                                                                          the administrative checks and medical examination of
Registrar, has given a judgment on 10 December 1998, in
                                                                          that worker without requesting a prior examination by
which it:
                                                                          the institution of his place of residence. However, the
                                                                          provision does not preclude the worker from waiving
1. Dismisses the appeal.                                                  the right to undergo the prior examination by the
                                                                          institution of his place of residence, provided that his
2. Orders the appellants to pay the costs.                                waiver is freely made and unambiguous.
(1) OJ C 252, 16.8.1997.                                             2. In the case of a first assessment of invalidity benefit
                                                                          granted to a person who is resident in a Member State
                                                                          other than that of the competent institution, Article 40
                                                                          of the Regulation does not preclude the competent
                                                                          institution from determining the degree of invalidity
                                                                          on the basis of its own medical examination without
              JUDGMENT OF THE COURT                                       requesting a prior examination by the institution of
                      (Third Chamber)                                     the place of residence. However, the competent
                                                                          institution must take account of any documents,
                    of 10 December 1998                                   medical reports and administrative information from
in Case C-279/97 (reference for a preliminary ruling from                 the institution in the Member State in which the
the Centrale Raad van Beroep): Bestuur van het Landelijk                  worker resides.
Instituut Sociale Verzekeringen v. C. J. M. Voeten and
                          J. Beckers (1)                             (1) OJ C 271, 6.9.1997.
(Social security Ð Frontier workers Ð Invalidity Ð
                    Medical examination)
                        (1999/C 48/03)
                (Language of the case: Dutch)
                                                                                    JUDGMENT OF THE COURT
                                                                                            (Third Chamber)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                         of 10 December 1998
                                                                     in Case C-290/97 (reference for a preliminary ruling from
In Case C-279/97: reference to the Court under Article 177           the Bundesfinanzhof): Georg Bruner, trading as Georg
of the EC Treaty from the Centrale Raad van Beroep                             Bruner' v. Hauptzollamt Hamburg-Jonas (1)
(Netherlands) for a preliminary ruling in the proceedings
pending before that court between Bestuur van het                    (Export refunds Ð Nomenclature of agricultural products)
Landelijk Instituut Sociale Verzekeringen and C. J. M.                                       (1999/C 48/04)
Voeten, J. Beckers Ð on the interpretation of Articles 40
and 51 of Regulation (EEC) No 574/72 of the Council of
21 March 1972 fixing the procedure for implementing                                  (Language of the case: German)
Regulation (EEC) No 1408/71 on the application of social
security schemes to employed persons and their families
                                                                       (Provisional translation; the definitive translation will be
moving within the Community, as amended and updated
                                                                               published in the European Court Reports)
by Regulation (EEC) No 2001/83 (OJ L 230, 22.8.1984,
p. 86) Ð the Court (Third Chamber), composed of: J.-P.
Puissochet, President of the Chamber, J. C. Moitinho de              In Case C-290/97: reference to the Court under Article 177
Almeida (Rapporteur) and C. Gulmann, Judges; D.                      of the EC Treaty from the Bundesfinanzhof (Germany) for