CELEX: C1996/031/04
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT of 22 November 1995 in Case C-443/93 (reference for a preliminary ruling from the Elengtiko Sinedrio): Ioannis Vougioukas v. Idrima Koinonikon Asphalisseon (IKA) (Interpretation and validity of Article 4 (4) of Regulation (EEC) No 1408/71 and interpretation of Articles 48 and 51 of the Treaty - Special schemes for civil servants - Greek doctor employed in a German hospital)

No C 31 /2              EN |                Official Journal of the European Communities                                        3 . 2 . 96
interpretation of Articles 67 and 71 of the EC Treaty — the            compulsory scheme, established by law as an optional
Court, composed of G. C. Rodriguez Iglesias, President,                scheme and operating according to the principle of
D. A. O. Edward and G. Hirsch ( Presidents of Chambers ),              capitalization in keeping with the rules laid down by the
G. F. Mancini , F. A. Schockweiler, J. C. Moitinho de                  authorities in particular with regard to conditions for
Almeida ( Rapporteur ), C. Gulmann , J. L. Murray, P. Jann,            membership, contributions and benefits, is an undertaking
FL Ragnemalm and L. Sevòn, Judges; Advocate General ;                  within the meaning of Article 85 et seq . of the EC
M. B. Elmer, Registrar; D. Louterman-Hubeau , Principal                Treaty.
Administrator, gave a judgment on 14 November 1995 , the
operative part of which is as follows :                                (') O J No C 304, 29 . 10 . 1994 .
It is not compatible with Articles 59 and 67 ofthe EC Treaty
for a Member State to make the grant ofa housing benefit, in
particular an interest rate subsidy, subject to the
requirement that the loans intended to finance the
construction, acquisition or improvement of the housing                              JUDGMENT OF THE COURT
which is to benefit from the subsidy have been obtained                                    of 22 November 1995
from a credit institution approved in that Member State,
which implies that it must be established there.                       in Case C-443/93 ( reference for a preliminary ruling from
                                                                       the Elengtiko Sinedrio ): Ioannis Vougioukas v. Idrima
                                                                                    Koinonikon Asphalisseon ( IKA ) (')
(') OJ No C 43 , 12 . 2 . 1994 .
                                                                       (Interpretation and validity of Article 4 (4) of Regulation
                                                                       (EEC) No 1408/71 and interpretation ofArticles 48 and SI
                                                                       of the Treaty — Special schemes for civil servants — Greek
                                                                                 doctor employed in a German hospital)
                                                                                                 ( 96/C 3 1 /04
              JUDGMENT OF THE COURT
                     of 16 November 1995                                              (Language of the case: Greek)
in Case C-244/94 (reference for a preliminary ruling from
the French Conseil d'Etat ): Fédération Française des                  (Provisional translation; the definitive translation will be
Sociétés d'Assurance v. Ministry of Agriculture and                             published in the European Court Reports)
                             Fisheries (')
                                                                       In Case C-443/93 : reference to the Court under Article 177
(Article 85 et seq. of the EC Treaty — Concept of an
 'undertaking' — Organization managing an optional                     of the EC Treaty from the Elengtiko Sinedrio ( Court of
            supplementary social security scheme)                      Auditors ) ( Greece ) for a preliminary ruling in the
                                                                       proceedings pending before that court between Ioannis
                            ( 96/C 31 /03 )                           Vougioukas and Idrima Koinonikon Asphalisseon ( IKA ) —
                                                                       on the interpretation and validity of Article 4 ( 4 ) of Council
               (Language of the case: French)                          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
(Provisional translation; the definitive translation will be
                                                                       moving within the Community, as amended and updated by
         published in the European Court Reports)
                                                                       Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ
                                                                       1983 No L 230, p. 6 ) — the Court, composed of G. C.
In Case C-244/94 : reference to the Court under Article 177            Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
of the EC Treaty by the French Conseil d'Etat for a                    Edward and G. Hirsch ( Presidents of Chambers ), F. A.
preliminary ruling in the proceedings pending before that              Schockweiler, J. C. Moitinho de Almeida , P. J. G. Kapteyn,
court between Federation Française des Sociétés                        C. Gulmann ( Rapporteur ), P. Jann, H. Ragnemalm and
d'Assurance, Societe Paternelle-Vie, Union des Assurances              L. Sevòn, Judges ; D. Ruiz-Jarabo Colomer, Advocate
de Paris-Vie, Caisse d'Assurance et de Prévoyance Mutuelle             General; L. Hewlett, Administrator, for the Registrar, has
des Agriculteurs on the one hand, and Ministry of                      given a judgment on 22 November 1995 , in which it
Agriculture and Fisheries on the other, on the interpretation          rules :
of Article 85 et seq . of the EC Treaty — the Court, composed
of G. C. Rodriguez Iglesias, President, C. N. Kakouris and             1 . The term 'civil servants ' in Article 4 (4) of Council
D. A. O. Edward ( Presidents of Chambers ), G. F. Mancini,                 Regulation (EEC) No 1408/71 of 14 June 1971 on the
J. C. Moitinho de Almeida ( Rapporteur ), P. J. G. Kapteyn,                application of social security schemes to employed
C. Gulmann, J. L. Murray, P. Jann, H. Ragnemalm and                        persons, to self-employed persons and to members of
L. Sevòn, Judges; Advocate General : G. Tesauro, Registrar:                their families moving within the Community, as
H. A. Rühl, Principal Administrator, for the Registrar, has                amended and updated by Council Regulation (EEC)
given a judgment on 16 November 1995 , the operative part                  No 2001 /83 of 2 June 1983 , does not refer only to civil
of which is as follows :
                                                                           servants covered by the derogation provided for in
                                                                           Article 48 (4) of the Treaty, as interpreted by the Court,
A non-profit-making organization which manages an                          but to all civil servants employed by a public authority
old-age insurance scheme intended to supplement a basic                    and persons treated as such.
 ---pagebreak--- 3 . 2 . 96               EN |                 Official Journal of the European Communities                                     No C 31 /3
2 . In order to be regarded as 'special' within the meaning of           1 . Article 12 (h) of Council Regulation (EEC) No 857/84
     Article 4 (4) of Regulation (EEC) No 1408/71 , it is                    of 31 March 1984 adopting general rules for the
     sufficient — without there being any need to take other                 application of the levy referred to in Article 5c of
     factors into consideration — that the social security                   Regulation (EEC) No 804/68 in the milk and milk
     scheme in question is different from the general social                 products sector must be interpreted as meaning that
     security scheme applicable to employed persons in the                   milk deliveries made by an agricultural holding to the
      Member State concerned and that all, or certain                        pupils and boarders of a school against payment of the
      categories of, civil servants are directly subject to it, or           price of the milk indirectly by inclusion in the boarding
      that it refers to a social security scheme for civil servants          fees must be described as direct sale within the meaning
     already in force in that Member State.                                  of that provision where the agricultural holding, the
                                                                             school and the boarding facilities are run by the same
3 . Articles 48 and 51 of the EC Treaty must be interpreted                  institution .
     as precluding refusal to take into account, for the
     acquisition of the right to a pension, periods of                   2 . Consideration of Article 4 (1 ) of Commission
      employment completed by a person subject to a special                  Regulation (EEC) No 1371 /84 of 16 May 1984 laying
      scheme for civil servants or persons treated as such, such             down detailed rules for the application of the additional
      as an IKA staff doctor, in public hospitals in another                 levy referred to in Article 5c of Regulation (EEC) No
      Member State, where the relevant national legislation                  804/68 has disclosed no factor ofsuch a kind as to affect
      allows such periods to be taken into account if they have              its validity in so far as it does not allow for account to be
      been completed in comparable establishments within                     taken of changes in the financial needs of the producer
      that State.                                                            which are linked to the holding after expiry of the
                                                                             time-limit for registration for the purpose of obtaining a
(') OJ No C 18 , 21 . 1 . 1994 .                                             reference quantity for direct sales.
                                                                         3 . Article 4(1 ) of Regulation (EEC) No 1371 /84, cited
                                                                             above, must be interpreted as meaning that a producer
                                                                             who has not complied with the time-limit laid down by
                 JUDGMENT OF THE COURT                                       that provision may be allocated a reference quantity in
                          ( Second Chamber )                                 application of the principle of restoration to the status
                       of 23 November 1995
                                                                             quo ante under the rules of national law, provided,
                                                                             however, that there is no discrimination in applying the
in Case C-285/93 ( reference for a preliminary ruling from                   national rule in comparison with the way in which cases
the Finanzgericht Miinchen ): Dominikanerinnen-Kloster                       of non-compliance with national time-limits are treated
         AltenHohenau v. Hauptzollamt Rosenheim ( l )                        and that it is not applied in a way that would undermine
(Additional levy on milk — Reference quantity for direct                     the purposes of the milk quota scheme.
                                   sales)
                                                                         (') OJ No C 175 , 26 . 6 . 1993 .
                              ( 96/C 31 /05 )
                  (Language of the case: German)
 (Provisional translation; the definitive translation will be
     published in the Reports of Cases before the Court)                                JUDGMENT OF THE COURT
                                                                                                  ( Sixth Chamber )
In Case C-285/95 : reference to the Court under Article 177
                                                                                              of 23 November 1995
of the EEC Treaty from the Finanzgericht Miinchen
 ( Finance Court, Munich ) for a preliminary ruling in the               in Case C-394/93 (reference for a preliminary ruling from
 proceedings pending before that court between                           the Landessozialgericht Rheinland-Pfalz, Mainz): Gabriel
 Dominikanerinnen-Kloster Altenhohenau v. Hauptzollamt                            Alonso-Perez v. Bundesanstalt fur Arbeit ( 1 )
 Rosenheim — on the interpretation of Article 12 ( h ) of                 (Social security for workers moving within the Community
 Council Regulation ( EEC ) No 857/84 of 31 March 1984                    — Family benefits — Member State limiting the retroactive
 adopting general rules for the application of the levy referred                  effect of an application for family benefits)
 to in Article 5c of Regulation ( EEC ) No 804/68 in the milk
 and milk products sector ( OJ 1984 , No L 90, p. 13 ), and on                                       ( 96/C 31 /06 )
 the interpretation and validity, in particular in the light of
 the general principles of Community law, of Article 4 ( 1 ) of                          (Language of the case: German)
  Commission Regulation ( EEC ) No 1371 /84 of 16 May
  1984 laying down detailed rules for the application of the              (Provisional translation; the definitive translation will be
  additional levy referred to in Article 5c of Regulation ( EEC )            published in the Reports of Cases before the Court)
 No 804/68 ( OJ 1 984, No L 1 32 , p. 1 1 ) — the Court ( Second
  Chamber ), composed of G. Hirsch ( Rapporteur ), President              In Case C-394/93 : reference to the Court under Article 177
  of the Chamber, G. F. Mancini and F. A. Schockweiler,                   of the EEC Treaty from the Landessozialgericht ( Higher
 Judges; G. Cosmas, Advocate General; H. von Holstein,                    Social Court) Rheinland-Pfalz, Mainz ( Germany), for a
  Deputy Registrar, gave a judgment on 23 November 1995 ,                 preliminary ruling in the proceedings pending before that
  in which it ruled :                                                     court between Gabriel Alonso-Perez and Bundesanstalt fur