CELEX: C1995/315/11
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 17 October 1995 in Case C-227/94 (reference for a preliminary ruling from the Arrondissementsrechtbank, Amsterdam): E. Olivieri-Coenen v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Social security - Incapacity for work - Contract of employment subject to private law - Employment subject to a scheme for civil servants - Article 4 (4) of Regulation (EEC) No 1408/71 - Point 4 (a) of the section on the Netherlands contained in Annex V to Regulation (EEC) No 1408/71)

No C 315/6          1 EN |                  Official Journal of the European Communities                                 25 . 11 . 95
              JUDGMENT OF THE COURT                                                    JUDGMENT OF THE COURT
                      of 17 October 1995                                                         ( First Chamber )
in Joined Cases C-140/94, C-141/94 and C-142/94                                               of 17 October 1995
(reference for a preliminary ruling from the Tribunale
                                                                       in Case C-227/94 ( reference for a preliminary ruling
Amministrativo Regionale per il Veneto ): DIP SpA and                  from the Arrondissementsrechtbank, Amsterdam ):
Others v. Comune di Bassano del Grappa and Comune di
                             Chioggia (*)                              E. Olivieri-Coenen v. Bestuur van de Nieuwe Algemene
                                                                                             Bedrijfsvereniging ( ] )
(Regulation of trade — Licences to open shops —
                                                                       (Social security — Incapacity for work — Contract of
                            Competition)
                                                                       employment subject to private law — Employment subject
                           ( 95/C 315/ 10 )                            to a scheme for civil servants — Article 4 (4) ofRegulation
                                                                       (EEC) No 1408/71 — Point 4 (a) of the section on the
                                                                       Netherlands contained in Annex V to Regulation (EEC)
                                                                                                    No 1408/71)
               (Language of the case: Italian)                                                     ( 95/C 315/ 11
                                                                                        (Language of the case: Dutch)
(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 Joined Cases C-140/94, C-141 /94 and C-142/94 :
reference to the Court under Article 177 of the EC Treaty
from the Tribunale Amministrativo Regionale per il Veneto              In Case C-227/94 : reference to the Court under Article 177
( Regional Administrative Court for the Veneto Region ) for            of the EC Treaty from the Arrondissementsrechtbank
a preliminary ruling in the proceedings pending before that            (District Court ), Amsterdam, for a preliminary ruling in the
court between DIP SpA and Comune di Bassano del Grappa                 proceedings pending before that court between E.
( C-140/94 ) and between LIDL Italia Sri and Comune di                 Olivieri-Coenen and Bestuur van de Nieuwe Algemene
Chioggia ( C-141 /94 ) and between Lingral Sri and Comune              Bedrijfsvereniging — on the interpretation of point 4 ( a ) of
di Chioggia ( C-142/94 ) on the interpretation of Articles 30,         the Section on the Netherlands contained in Annex V to
85 and 86 of the EC Treaty, the Court ( Second Chamber ),              Regulation ( EEC) No 1408/71 of the Council of 14 June
composed of: G. Hirsch ( President of the Chamber ), G. F.             1971 on the application of social security schemes to
Mancini and F. A. Schockweiler ( Rapporteur ), Judges; N.              employed persons and their families moving within the
Fennelly, Advocate-General; D. Louterman-Hubeau,                       Community ( OJ 1971 L 149, p. 2 ) — the Court ( First
Principal Administrator, for the Registrar, has given a                Chamber ), composed of: D. A. O. Edward ( Rapporteur ),
judgment on 17 October 1995 , in which it ruled that:                  President of the Chamber, P. Jann and L. Sevon, Judges;
                                                                       C. O. Lenz, Advocate-General; H. A. Riihl, Principal
                                                                       Administrator, for the Registrar, has given a judgment on
                                                                       17 October 1995 , in which it rules :
 On a proper construction Articles 3 (g), 5, 85, 86 and 30 of
the Treaty do not preclude rules of a Member State which
make the opening of new shops subject to the grant of a
licence issued by the mayor on the mandatory opinion of a              Point 4 (a) of the Section on the Netherlands contained in
municipal committee, where the members ofthat committee                Annex V of Regulation (EEC) No 1408/71 of the Council of
appointed or nominated by traders ' organizations to give               14 June 1971 on the application of social security schemes
expert advice are in the minority and its opinions must have           to employed persons and their families moving within the
regard to the public interest, and where the mayor, who                Community is to be interpreted as meaning that periods of
holds the power of decision, is obliged to take into account           paid employment include periods in which a person worked
public interest criteria laid down in a commercial                     as a teacher under a contract ofemployment concluded with
development plan drawn up by the municipality.                         a private educational establishment, even if that person was
                                                                       insured during that period under a special scheme for civil
                                                                       servants and persons treated as such .
 (') OJ No C 218 , 6 . 8 . 1994 .
                                                                        ( 1 ) OJ No C 304 , 29 . 10 . 1994 .