CELEX: C2007/042/09
Language: en
Date: 2007-02-24 00:00:00
Title: Case C-265/05: Judgment of the Court (Grand Chamber) of 16 January 2007 (reference for a preliminary ruling from the Cour de cassation, France) — José Perez Naranjo v Caisse régionale d'assurance maladie (CRAM) Nord-Picardie (Regulation (EEC) No 1408/71 — Articles 4(2a), 10a and 95b — Supplementary old-age allowance — National law making the grant of that allowance conditional on residence — Special non-contributory benefit — Listed in Annex IIa to Regulation No 1408/71)

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/5
            
         Judgment of the Court (Grand Chamber) of 16 January 2007 (reference for a preliminary ruling from the Cour de cassation, France) — José Perez Naranjo v Caisse régionale d'assurance maladie (CRAM) Nord-Picardie
   (Case C-265/05) (1)
   
   (Regulation (EEC) No 1408/71 - Articles 4(2a), 10a and 95b - Supplementary old-age allowance - National law making the grant of that allowance conditional on residence - Special non-contributory benefit - Listed in Annex IIa to Regulation No 1408/71)
   (2007/C 42/09)
   Language of the case: French
   Referring court
   Cour de cassation — Civil Chamber
   Parties to the main proceedings
   
      Applicant: José Perez Naranjo
   
      Defendant: Caisse régionale d'assurance maladie (CRAM) Nord-Picardie
   Re:
   Reference for a preliminary ruling — Cour de cassation — Civil chamber — Paris — Interpretation of Articles 4(2a), 10a, 19(1) and 95b of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ English Special Edition 1971 (II), p. 416), as amended — National legislation making the grant of supplementary allowance from the National Solidarity Fund subject to a residence condition — Concept of a special non-contributory benefit — Listing of the allowance in Annex IIa to Regulation (EEC) No 1408/71
   Operative part of the judgment
   A benefit such as the supplementary allowance mentioned, under the heading ‘France’ in Annex IIa to Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, constitutes a special benefit. Examination of the method of financing the supplementary allowance, on the basis of the information in the file submitted to the Court, shows that there is no sufficiently identifiable link between the general social contribution and the benefit concerned, which leads to the conclusion that the supplementary allowance in non-contributory. However, it is for the national court to confirm the accuracy of the factors set out in paragraphs 48 to 52 of this judgment in order to determine conclusively whether that benefit is contributory or non-contributory.
   
      (1)  OJ C 217, 3.9.2005.