CELEX: C2002/169/33
Language: en
Date: 2002-07-13 00:00:00
Title: Case C-160/02: Reference for a preliminary ruling by the Republic of Austria Oberster Gerichtshof by order of that Court of 26 March 2002 in the case of Friedrich Skalka against Sozialversicherungsanstalt der gewerblichen Wirtschaft

C 169/18                EN                     Official Journal of the European Communities                                     13.7.2002
1.2.2.2. Can Austrian hauliers too rely on the fact that the              Reference for a preliminary ruling by the Republic of
(excessive) rate for the full itinerary discriminates against them        Austria Oberster Gerichtshof by order of that Court of
in comparison with road users who use only partial itineraries            26 March 2002 in the case of Friedrich Skalka against
of that motorway?                                                          Sozialversicherungsanstalt der gewerblichen Wirtschaft
1.3.      If questions 1.1 and 1.2 are answered in the affirmative:                                 (Case C-160/02)
1.3.1. Is the Judgment of the Court of Justice in Case C-21/                                        (2002/C 169/33)
94 (3) European Parliament v Council of the European Union,
in which it was held that all the effects of Directive 93/89 were
to be preserved until the Council had adopted a new directive,
to be interpreted as meaning that the effects are to be preserved         Reference has been made to the Court of Justice of the
until the Member States have transposed the new directive or,             European Communities by order of the Republic of Austria
as the case may be, the time limit for transposition has expired?         Oberster Gerichtshof (Supreme Court) of 26 March 2002,
                                                                          received at the Court Registry on 30 April 2002, for a
                                                                          preliminary ruling in the case of Friedrich Skalka against
1.3.2. If question 1.3.1 is answered in the negative: In the
                                                                          Sozialversicherungsanstalt der gewerblichen Wirtschaft on the
period from 17 June 1999 to 1 July 2000, are the Member
                                                                          following question:
States under an obligation to have regard to the new Directive,
that is to say does it have advance effects which are required
to be observed?                                                           Is Article 10a of Regulation (EEC) No 1408/71 (1) of the
                                                                          Council on the application of social security schemes to
                                                                          employed persons, to self-employed persons and to members
(1) OJ L 279 (1993), p. 32.                                               of their families moving within the Community, as amended
(2) OJ L 187 (1999), p. 42.                                               and updated by Council Regulation (EC) No 118/97 of
(3) [1995], ECR I-1827.                                                   2 December 1996 (2), in conjunction with Annex IIa, to be
                                                                          interpreted as meaning that the compensatory supplement
                                                                          provided for under the Bundesgesetz vom 11. Oktober 1978
                                                                          über die Sozialversicherung der in der gewerblichen Wirtschaft
                                                                          selbständig Erwerbstätigen (Federal Law of 11 October 1978
                                                                          on Social Insurance for Persons engaged in Trade and Com-
                                                                          merce — ‘the GSVG’) falls within its scope and therefore
                                                                          constitutes a special non-contributory benefit within the
Reference for a preliminary ruling by the House of Lords                  meaning of Article 4(2a) of the regulation, so that only the
by order of that court dated 13 December 2001, in the                     coordinating provisions laid down by Article 10a of the
case of Gregory Paul Turner against 1) Felix Fareed Ismail                regulation are applicable to a person, such as the claimant,
           Grovit, 2) Harada Ltd, 3) Changepoint S.A.                     who, after 1 June 1992, fulfilled the conditions for the granting
                                                                          of that benefit?
                          (Case C-159/02)
                                                                          (1) OJ L 149 (1971), p. 2.
                          (2002/C 169/32)                                 (2) OJ L 28 (1997), p. 1.
Reference has been made to the Court of Justice of the
European Communities by an order of the House of Lords
dated 13 December 2001, which was received at the Court
Registry on 29 April 2002, for a preliminary ruling in the case
of Gregory Paul Turner and 1) Felix Fareed Ismail Grovit,                 Action brought on 30 April 2002 by the Commission of
2) Harada Ltd, 3) Changepoint S.A. on the following question:              the European Communities against the French Republic
‘Is it inconsistent with the Convention on Jurisdiction and the                                     (Case C-161/02)
Enforcement of Judgments in Civil and Commercial Matters
signed at Brussels on 27 September 1968 (subsequently                                               (2002/C 169/34)
acceded to by the United Kingdom) to grant restraining orders
against defendants who are threatening to commence or
continue legal proceedings in another Convention country
when those defendants are acting in bad faith with the intent             An action against the French Republic was brought before the
and purpose of frustrating or obstructing proceedings properly            Court of Justice of the European Communities on 30 April
before the English courts?’                                               2002 by the Commission of the European Communities,
                                                                          represented by G. Valero Jordana and J. Adda, acting as Agents,
                                                                          with an address for service in Luxembourg.