CELEX: C2002/084/34
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court 15 January 2002 in Case C-55/00 (Reference for a preliminary ruling from the Tribunale ordinario di Roma): Elide Gottardo v Istituto nazionale della previdenza sociale (INPS) (Reference for a preliminary ruling — Articles 12 EC and 39(2) EC — Old-age benefits — Social security convention concluded between the Italian Republic and the Swiss Confederation — Refusal to take account of periods of insurance completed by a French national in Switzerland)

C 84/22                  EN                      Official Journal of the European Communities                                            6.4.2002
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          15 January 2002                                                              (Sixth Chamber)
in Case C-55/00 (Reference for a preliminary ruling from                                               30 January 2002
the Tribunale ordinario di Roma): Elide Gottardo v
    Istituto nazionale della previdenza sociale (INPS) (1)
                                                                            in Case C-103/00: Commission of the European Communi-
                                                                                                 ties v Hellenic Republic (1)
(Reference for a preliminary ruling — Articles 12 EC and
39(2) EC — Old-age benefits — Social security convention
concluded between the Italian Republic and the Swiss
                                                                            (Failure by a Member State to fulfil its obligations —
Confederation — Refusal to take account of periods of
                                                                            Directive 92/43/EEC — Conservation of natural habitats
  insurance completed by a French national in Switzerland)
                                                                                 and of wild fauna and flora — Protection of species)
                           (2002/C 84/34)
                                                                                                        (2002/C 84/35)
                     (Language of the case: Italian)
                                                                                                  (Language of the case: Greek)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                          (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-55/00: reference to the Court under Article 234 EC
by the Tribunale ordinario di Roma (Italy) for a preliminary                In Case C-103/00, Commission of the European Communities
ruling in the proceedings pending before that court between                 (Agents: R. Wainwright and P. Panayotopoulos) v Hellenic
Elide Gottardo and Istituto nazionale della previdenza sociale              Republic (Agents: A. Samoni-Rantou and P. Skandalou): Appli-
(INPS) on the interpretation of Articles 12 EC and 39(2) EC,                cation for a declaration that, by failing to adopt or, in the
the Court, composed of: G.C. Rodrı́guez Iglesias, President,                alternative, to notify to the Commission, within the prescribed
F. Macken and S. von Bahr (Presidents of Chambers), C. Gul-                 time-limit, the requisite measures to establish and implement
mann, D.A.O. Edward (Rapporteur), A. La Pergola, L. Sevón,                 an effective system of strict protection for the sea turtle Caretta
M. Wathelet, V. Skouris, J.N. Cunha Rodrigues and                           caretta on Zakinthos (Greece) so as to avoid any disturbance
C.W.A. Timmermans, Judges, Advocate General: D. Ruiz-                       of the species during its breeding period and any activity which
Jarabo Colomer, Registrar: L. Hewlett, Administrator, has given             might bring about deterioration or destruction of its breeding
a judgment on 15 January 2002, in which it has ruled:                       sites, the Hellenic Republic has failed to fulfil its obligations
                                                                            under the EC Treaty and under Article 12(1)(b) and (d)
                                                                            of Council Directive 92/43/EEC of 21 May 1992 on the
                                                                            conservation of natural habitats and of wild fauna and flora
The competent social security authorities of one Member State are           (OJ 1992 L 206, p. 7), the Court (Sixth Chamber), composed
required, pursuant to their Community obligations under                     of: F. Macken, President of the Chamber, C. Gulmann (Rappor-
Article 39 EC, to take account, for purposes of acquiring the right to      teur), J.-P. Puissochet, R. Schintgen and J.N. Cunha Rodrigues,
old-age benefits, of periods of insurance completed in a non-member         Judges, Advocate General: P. Léger, Registrar: L. Hewlett,
country by a national of a second Member State in circumstances             Administrator, has given a judgment on 30 January 2002, in
where, under identical conditions of contribution, those competent          which it:
authorities will take into account such periods where they have been
completed by nationals of the first Member State pursuant to a
bilateral international convention concluded between that Member
                                                                            1.    Declares that by failing to take, within the prescribed time-
State and the non-member country.
                                                                                  limit, the requisite measures to establish and implement an
                                                                                  effective system of strict protection for the sea turtle Caretta
                                                                                  caretta on Zakinthos so as to avoid any disturbance of the
                                                                                  species during its breeding period and any activity which might
(1) OJ C 122 of 29.4.2000.                                                        bring about deterioration or destruction of its breeding sites, the
                                                                                  Hellenic Republic has failed to fulfil its obligations under
                                                                                  Article 12(1)(b) and (d) of Council Directive 92/43/EEC of
                                                                                  21 May 1992 on the conservation of natural habitats and of
                                                                                  wild fauna and flora;