CELEX: C1995/189/10
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 8 June 1995 in Case C-451/93 (reference for a preliminary ruling from the Landessozialgericht für das Saarland): Claudine Delavant v. Allgemeine Ortskrankenkasse für das Saarland (Social security for migrant workers - Council Regulation (EEC) No 1408/71 - Worker residing in a Member State other than the competent State - Benefits in kind for members of the worker's family in the State of residence)

22 . 7 . 95              EN                 Official Journal of the European Communities                                          No C 189/5
and Forestry ) — on the interpretation of Article 1 9 ( 1 ) (c ) of                      JUDGMENT OF THE COURT
 Council Regulation (EEC ) No 404/93 of 13 February 1993                                           ( Sixth Chamber)
on the common organization of the market in bananas ( 2 )
and Article 2 (c ) of Commission Regulation ( EEC )                                                  of 8 June 1995
No 1442/93 of 10 June 1993 laying down detailed rules for              in Case C-451/93 (reference for a preliminary ruling
the application of the arrangements for importing bananas              from the Landessozialgericht fur das Saarland ): Claudine
into the Community ( 3 ) — the Court ( Sixth Chamber),                        Délavant v. Allgemeine Ortskrankenkasse fur das
composed of: F. A. Schockweiler ( Rapporteur), President of                                             Saarland (*)
the Chamber, G. F. Mancini, C. N. Kakouris, J. L. Murray                (Social security for migrant workers — Council Regulation
and G. Hirsch, Judges; M. B. Elmer, Advocate-General;                   (EEC) No 1408/71 — Worker residing in a Member State
H. A. Riihl, Principal Administrator, for the Registrar, has            other than the competent State — Benefits in kind for
given a judgment on 8 June 1995 , in which it rules:                    members of the worker's family in the State of residence)
                                                                                                      ( 95/C 189/10 )
 1 , the definition of Category C operators contained in
      Article 2 (c) of Commission Regulation (EEC)                                       (Language of the case: German)
      No 1442/93 of 10 June 1993 laying down detailed rules
      for the application of-the arrangements for importing             (Provisional translation; the definitive translation will be
       bananas into the Community does not differ from that                      published in the European Court Reports)
      contained in Article 19 (1 ) (c) of Council Regulation
       (EEC) No 404/93 of 13 February 1993 on the common
      organization of the market in bananas;                           In Case C-451 /93 : reference to the Court under Article 177
                                                                       of the EC Treaty from the Landessozialgericht fiir das
                                                                       Saarland ( Higher Social Court, Saarland) for a preliminary
                                                                       ruling in the proceedings pending before that court between
2 . Article 19 (1 ) (c) of Regulation (EEC) No 404/93 and              Claudine Délavant and Allgemeine Ortskrankenkasse fiir
      Article 2 (c) of Regulation (EEC) No 1442/93 are to be           das Saarland ( Local General Sickness Fund, Saarland), in the
      interpreted as meaning that, when applying for                   presence of Valérie and Stéphanie Délavant, interveners in
      registration under Category C, an operator must not              the main proceedings — on the interpretation of Articles
      already have developed an activity aimed at marketing             1 ( f), 2 ( 1 ), 3 ( 1 ), 19 ( 1 ) ( a ) and ( 2 ), and 20 of Council
       bananas;                                                        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 codified by Council
3 . Article 19 (1 ) (c) of Regulation (EEC) No 404/93 and              Regulation ( EEC ) No 2001 /83 of 2 June 1983 (2 ) — the
      Article 2 (c) of Regulation (EEC) No 1442/93 are to be           Court ( Sixth Chamber ), composed of: F. A. Schockweiler,
      interpreted as meaning that an operator may apply for            President of the Chamber, G. F. Mancini, C. N. Kakouris
      registration under Category C even if he intends to
                                                                       ( Rapporteur ), J. L. Murray and G. Hirsch, Judges; F. G.
      transfer the import licence to a third party;                   Jacobs, Advocate-General; H. A. Riihl, Principal
                                                                       Administrator, for the Registrar, has given a judgment on
                                                                       8 June 1995 , in which it rules :
4. Economic operators who entered into business prior to
       1 992 with a view to importing the bananas specified in         Article 19 (2) of Council Regulation (EEC) No 1408/71 of
      Article 2 (c) of Regulation (EEC) No 1442/93 and who             14 June 1971 on the application of social security schemes
      imported those bananas in 1992 or later can be                   to employed persons, to self-employed persons and to
      registered as Category C operators;                              members oftheir families moving within the Community, as
                                                                       codified by Council Regulation (EEC) No 2001 /83 of2 June
                                                                       1983 , is to be understood as meaning that when a worker
5 . Article 3 (2) of Regulation (EEC) No 1442/93 , which               resides with the members of his family in the territory of a
                                                                       Member State other than the Member State in which he
      provides that wholesalers and retailers are not to be
      regarded as operators, is not applicable to the concept of       works, under whose legislation he is insured by virtue ofthe
      operator within the meaning of Article 2 (c) of that             Regulation, the conditions for entitlement to sickness
      Regulation.                                                      benefits in kind for members of that person's family are also
                                                                      governed by the legislaton ofthe State in which that person
                                                                       works in so far as the members of his family are not entitled
                                                                       to those benefits under the legislation of their State of
(') OJ No C 256, 21 . 9 . 1993 .                                       residence.
( 2 ) OJ No L 47, 25 . 2 . 1993 , p . 1 .
( 3 ) OJ No L 142 , 12 . 6 . 1993 , p . 6 .
                                                                       (M OJ No C 18 , 21 . 1 . 1994 .
                                                                       ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 6 .