CELEX: C1999/100/30
Language: en
Date: 1999-04-10 00:00:00
Title: Case C-54/99: Reference for a preliminary ruling by the French Conseil d'Etat by decision of 6 January 1999 in the case of Association Eglise de Scientologie de Paris and Scientology International Reserves Trust v. French Republic

C 100/16               EN                Official Journal of the European Communities                                 10.4.1999
Court Registry on 17 February 1999, for preliminary                 Do the provisions of Article 73d of the Treaty of 25 March
rulings in the cases of Office National des Pensions v.             1957 establishing the European Community, as amended,
Gioconda Camarotto and Office National des Pensions v.              according to which the prohibition of all restrictions on
Giuseppina Vignone on the following questions:                      movements of capital between Member States is without
                                                                    prejudice to the right of Member States to take measures
                                                                    which are justified on grounds of public policy or public
                                                                    security', allow a Member State, in derogation from the
1. Does Article 95a of Council Regulation (EEC)
                                                                    system of full freedom or the declaration system
     No 1408/71 (1) as amended by Council Regulation
                                                                    applicable to foreign investments within its territory, to
     (EEC) No 1248/92, refer solely to recipients of
                                                                    maintain a system of prior authorisation for such
     pensions where the decision granting the pension was
                                                                    investments as may adversely affect public order, public
     final at the time of the entry into force of the
                                                                    health or public security, it being specified that this
     amendment, or does it relate also to recipients of
                                                                    authorisation is deemed to have been obtained one month
     pensions who before the entry into force of the
                                                                    after receipt of the investment declaration submitted to the
     amendments introduced by the new regulation had
                                                                    Minister unless the latter, within the same period, declares
     already brought proceedings before a national court
                                                                    that the transaction in question has been deferred?
     seeking to obtain precisely the right to the pension by
     contesting the application of the national rules against
     overlapping, a final decision in those proceedings not
     yet having been given at the time of the entry into
     force of the new provisions?
2. If Article 95a applies to all recipients without
     distinction, must the application referred to in               Action brought on 18 February 1999 by the Commission
     Article 95a(4) be made to the competent social                 of the European Communities against the French Republic
     security institution in accordance with the formalities                                (Case C-55/99)
     required by national legislation for the bringing of an
     application for review, or may it be made to the court                                (1999/C 100/31)
     before which the dispute has been brought in
     accordance with the applicable rules of procedure, and
     in the latter case must the period of two years referred
                                                                    An action against the French Republic was brought before
     to in Article 95a(5) and (6) likewise be complied with?
                                                                    the Court of Justice of the European Communities on
                                                                    18 February 1999 by the Commission of the European
(1) Council Regulation (EEC) No 1408/71 of 14 June 1971 on
                                                                    Communities, represented by Richard Wainwright,
    the application of social security schemes to employed          Principal Legal Adviser, and Olivier Couvert-CasteÂra, a
    persons, to self-employed persons and to members of their       national civil servant on secondment to its Legal Service,
    families moving within the Community, (OJ, English Special      acting as Agents, with an address for service in
    Edition 1971, p 416).                                           Luxembourg at the Office of Carlos Gómez de la Cruz,
                                                                    Wagner Centre, Kirchberg.
                                                                    The Commission of the European Communities claims
                                                                    that the Court should:
                                                                    Ð declare that, by establishing, in Decree No 96Ð351 of
Reference for a preliminary ruling by the French Conseil
                                                                        19 April 1996 (1), a procedure for the registration of
d'Etat by decision of 6 January 1999 in the case of
                                                                        medical reagents, and by imposing in that decree the
Association Eglise de Scientologie de Paris' and
                                                                        obligation to state the registration number on the
Scientology International Reserves Trust v. French
                                                                        external packaging and the notice accompanying each
                            Republic
                                                                        reagent, the French Republic has failed to fulfil its
                         (Case C-54/99)                                 obligations under Article 30 of the EC Treaty;
                        (1999/C 100/30)
                                                                    Ð order the French Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by decision of 6 January 1999 by               Pleas in law and main arguments adduced in support
the French Conseil d'Etat, which was received at the
Court Registry on 16 February 1999, for a preliminary
ruling in the case of Association Eglise de Scientologie de        1. In the Commission's view, the application to all
Paris' and Scientology International Reserves Trust v.                  reagents covered by Decree No 96Ð351 of 19 April
French Republic on the following question:                              1996, without distinction as to the level of the