CELEX: C1998/358/01
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 24 September 1998 in Case C-132/96 (reference for a preliminary ruling from the Pretura Circondariale di Roma): Antonio Stinco, Ciro Panfilo v. Istituto Nazionale della Previdenza Sociale (INPS) (Old-age pension - Calculation of the theoretical amount of a benefit - Inclusion of the amount necessary to attain the statutory minimum pension)

21.11.98             EN                  Official Journal of the European Communities                                       C 358/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  Article 46(2)(a) of Council Regulation (EEC) No 1408/71
                                                                     of 14 June 1971 on the application of social security
                      (Sixth Chamber)
                                                                     schemes to employed persons, to self-employed persons
                   of 24 September 1998                              and to members of their families moving within the
                                                                     Community must be interpreted as requiring the
in Case C-132/96 (reference for a preliminary ruling from            competent institution, in determining the theoretical
the Pretura Circondariale di Roma): Antonio Stinco, Ciro             amount of the pension on which the calculation of the pro
Panfilo v. Istituto Nazionale della Previdenza Sociale               rata pension is based, to take into account a supplement
                          (INPS) (1)                                 intended to bring the pension to the level of the statutory
                                                                     minimum.
(Old-age pension Ð Calculation of the theoretical amount
of a benefit Ð Inclusion of the amount necessary to attain
              the statutory minimum pension)                         (1) OJ C 180, 22.6.1996.
                        (98/C 358/01)
               (Language of the case: Italian)
                                                                                   JUDGMENT OF THE COURT
 (Provisional translation; the definitive translation will be
                                                                                            (Sixth Chamber)
         published in the European Court Reports)
                                                                                           of 1 October 1998
In Case C-132/96: reference to the Court under Article 177                 in Case C-27/94: Kingdom of the Netherlands v.
of the EC Treaty from the Pretura Circondariale di Roma                      Commission of the European Communities (1)
(Magistrate's Court, Rome) (Italy), for a preliminary                (EAGGF Ð Clearance of accounts Ð 1990 financial year
ruling in the proceedings pending before that court                                   Ð Export refunds on Barley)
between Antonio Stinco, Ciro Panfilo and Istituto
Nazionale della Previdenza Sociale (INPS) Ð on the                                           (98/C 358/02)
interpretation of Article 46(2)(a) of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of
social security schemes to employed persons, to self-
                                                                                     (Language of the case: Dutch)
employed persons and to members of their families
moving within the Community, as amended and updated
by Council Regulation (EEC) No 2001/83 (OJ L 230,
22.8.1983, p. 6), as amended in turn by Council
                                                                       (Provisional translation; the definitive translation will be
Regulation (EEC) No 1247/92 (OJ L 136, 19.5.1992, p. 1)
                                                                              published in the European Court Reports)
and by Council Regulation (EEC) No 1248/92 (OJ L 136,
19.5.1992, p. 7) Ð the Court (Sixth Chamber), composed
of: H. Ragnemalm, President of the Chamber, G. F.
Mancini, P. J. G. Kapteyn, J. L. Murray (Rapporteur) and             In Case C-27/94: Kingdom of the Netherlands (Agents:
G. Hirsch, Judges; F. G. Jacobs, Advocate-General; L.                J. W. de Zwaan and J. S. van den Oosterkamp) v.
Hewlett, Administrator, for the Registrar, has given a               Commission of the European Communities (Agent: T.
judgment on 24 September 1998, in which it has ruled:                van Rijn) Ð application for the partial annulment of