CELEX: C2002/084/88
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-12/02: Reference for a preliminary ruling by the Bayerisches Oberstes Landesgericht by order of 19 December 2001 in criminal proceedings against Marco Grilli

C 84/50                EN                    Official Journal of the European Communities                                         6.4.2002
Reference for a preliminary ruling by the Sozialgericht                 1.    Are Articles 49 and 50 EC to be interpreted as precluding
Hannover by order of 12 December 2002 in the case of                          rules of national law (in this case Paragraph 13(3) of
Silke Gaumain-Cerri against Kaufmännische Krankenkas-                         the Allgemeine Verwaltungsvorschrift für Beihilfen in
se-Pflegekasse, additional party Bundesversicherungsan-                       Krankheits-, Pflege-, Geburts- und Todesfällen (General
                       stalt für Angestellte                                  Administrative Provisions concerning Assistance in the
                                                                              Event of Sickness, Treatment, Birth and Death — ‘the
                         (Case C-502/01)                                      Assistance Provisions’) which render the assumption of
                                                                              the costs of a health cure in another Member State
                                                                              conditional on the health cure being absolutely necessary
                          (2002/C 84/86)                                      outside the Federal Republic of Germany on account of
                                                                              greatly increased prospects of success, on this being
                                                                              proven by a report from a medical officer or a medical
                                                                              consultant, and on the spa concerned being listed in the
Reference has been made to the Court of Justice of the                        Register of Spas?
European Communities by order of the Sozialgericht Hannover
(Social Court, Hanover) of 12 December 2001, received at the
Court Registry on 27 December 2001, for a preliminary ruling            2.    Are Articles 49 and 50 EC to be interpreted as precluding
in the case of Silke Gaumain-Cerri against Kaufmännische                      rules of national law (in this case point 3 in the first
Krankenkasse-Pflegekasse, additional party Bundesversi-                       sentence of Paragraph 13(3) of the Assistance Provisions,
cherungsanstalt für Angestellte [Federal Insurance Office for                 read in conjunction with Paragraph 8(3)(2) thereof) under
Clerical Staff], on the following questions:                                  which advance recognition of a health cure is not possible
                                                                              if the person concerned does not wait for the application
(a)  Can the expressions ‘sickness benefit’ and ‘old-age benefit’             procedure or any subsequent court proceedings to be
     within the meaning of Article 1 of Regulation                            concluded before commencing the health cure and the
     No 1408/71 (1) cover benefits paid by one insurer to                     only matter in dispute is whether the rules of national
     another if the insured derives only an abstract and indirect             law correctly rule out eligibility for assistance in the form
     advantage therefrom (payment of pension insurance                        of a health cure in a Member State of the European
     contributions by the care insurance fund on behalf of a                  Union?
     voluntary carer)? If they can, under what circumstances
     can they do so?
(b) Is there a prohibition of discrimination under primary or
     secondary Community law from which it follows that a
     benefit as described in (a) above is to be granted
     irrespective of whether the activity conferring the
     entitlement to benefit is carried on in Germany or in
     another EU Member State, and irrespective of where the             Reference for a preliminary ruling by the Bayerisches
     insured or the immediate beneficiary has his residence?            Oberstes Landesgericht by order of 19 December 2001 in
                                                                                   criminal proceedings against Marco Grilli
(1) OJ L 149, p. 2.
                                                                                                 (Case C-12/02)
                                                                                                 (2002/C 84/88)
Reference for a preliminary ruling by the Verwaltungs-                  Reference has been made to the Court of Justice of the
gericht Sigmaringen by order of 28 November 2001 in                     European Communities by order of the Bayerisches Oberstes
the case of Ludwig Leichtle against the Bundesanstalt für               Landesgericht (Bavarian Supreme Court) of 19 December
                               Arbeit                                   2001, received at the Court Registry on 16 Janaury 2002, for
                                                                        a preliminary ruling in the criminal proceedings against Marco
                           (Case C-8/02)                                Grilli on the following question:
                          (2002/C 84/87)
                                                                        Is Article 29 EC to be interpreted as precluding a national rule
                                                                        that makes it a criminal offence for an Italian national to
                                                                        obtain a transit registration mark from the competent Italian
Reference has been made to the Court of Justice of the                  authorities, affix licence plates bearing that mark to a vehicle
European Communities by order of the Verwaltungsgericht                 offered for sale in Germany, and then drive that vehicle on the
Sigmaringen (Sigmaringen Administrative Court) of 28 Nov-               public highway from Germany to Italy?
ember 2001, received at the Court Registry on 11 January
2002, for a preliminary ruling in the case of Ludwig Leichtle
against the Bundesanstalt für Arbeit on the following questions: