CELEX: C1996/016/23
Language: en
Date: 1996-01-20 00:00:00
Title: Reference for a preliminary ruling from the Pretura circondariale di Venezia by order of that court of 3 November 1995 in the cases of Federica Maso and Others and Graziano Gazzetta and Others v. Istituto nazionale della previdenza sociale (INPS) (Case C-373/95)

20 . 1 . 96               EN                  Official Journal of the European Communities                                   No C 16/ 11
Reference for a preliminary ruling from the Pretura                             accrued before dismissal where a different benefit
circondariale di Venezia by order of that court of                              ( namely the mobility allowance provided for by
3 November 1995 in the cases of Federica Maso and Others                        Articles 4 and 16 of Italian Law No 223 of 23 July 1991 )
and Graziano Gazzetta and Others v. Istituto nazionale                          covers the needs of workers remaining employed during
                 délia previdenza sociale (INPS )                               the months following dismissal ?
                           ( Case C-3 73/95 )
                                                                         4 . Must the expression 'the last three months of the
                              ( 96/C 16/23 )
                                                                                contract of employment' in Article 4 ( 2 ) be interpreted
                                                                                as the 'last three calendar months ' or 'three months
Reference has been made to the Court of Justice of the
European Communities by order of the Pretura                                    preceding the termination of the employment
circondariale di Venezia ( District Magistrates' Court,                         relationship, even if this occurred on a date occurring
Venice ) of 3 November 1995 , received at the Court Registry                    some time during the month'.
on 29 November 1995 , for a preliminary ruling in the cases
of Federica Maso and Others and Graziano Gazzetta and                    ( J ) Joined Cases C-6/90 and C-9/90 Francovich and Others v .
                                                                               Italian State ( 1991 ) ECR 1-5357.
Others v. Istituto Nazionale délia Previdenza Sociale ( INPS
                                                                         (2 ) OJ No L 283 , 20 . 10 . 1980, p . 23 .
— National Social Welfare Institution ) on the following
questions:
1 . can the system of the EC Treaty, as described in the
     judgment in Francovich and Others v. Italian State f 1 ),
     concerning the liability to individuals of a Member State           Reference for a preliminary ruling from the Tribunale di
     which has breached Community obligations be                         Genova, Sezione prima civile, by order of that court of
     interpreted as being compatible with a domestic rule                16 November 1995 in the case of Cesare Regnoli & Figlio
     ( Article 2 ( 7 ) in conjunction with Article 2 (4 ) of Italian             SRL v . Amministrazione delle Finanze dello Stato
     Legislative Decree No 80 of 27 January 1992 ), which                                             Case C-3 76/95 )
     reduces ex post facto the amount of the compensation
     for damage which has already occurred ?                                                           ( 96/C 16/24 )
2 . Does the expression 'onset of insolvency' in the first               Reference has been made to the Court of Justice of the
     indent of Article 3 (2 ) and the first indent of Article 4 (2 )     European Communities by order of the Tribunale di
     of Directive 80/987 ( 2 ) correspond to the date on which           Genova, Sezione prima civile ( District Court, Genoa, First
     the request was made for insolvency proceedings to be               Civil Section ) of 16 November 1995 , received at the Court
     opened or to the date on which such proceedings opened              Registry on 4 December 1995 , for a preliminary ruling in the
     ( both of which are mentioned in Article 2 )?                       case of Cesare Regnoli & Figlio SRL v. Amministrazione
                                                                         delle Finanze dello Stato on questions identical to those in
3 . Can Article 4 ( 3 ) and Article 10 of the Directive be               Joined Cases C-47/95 and others ( M.
     interpreted as meaning that the Member State may
     preclude the payment of employment claims which                      (!) See OJ No C 119 , 13 . 5 . 1995 , p . 5 .
                                                        COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  Brussels, represented by Georges Vandersanden, of the
                        of 23 November 1995                               Brussels Bar, with an address for service in Luxembourg at
                                                                          the offices of Fiduciaire Myson SARL, 1 rue Glesener, v.
in Case T-64/94 : Dimitrios Benecos v. Commission of the
                                                                          Commission of the European Communities ( Agents :
                      European Communities (')                            Gianluigi Valsesia and Denis Waelbroeck and, in the oral
 (Officials — Occupational disease — Partial permanent                    proceedings, Alexandre Vandencasteele ) — application for
invalidity — Principle of sound management and good                       the annulment of the decision of the Commission of
 administration — Duty to provide assistance — Misuse of                   15 March 1993 rejecting the application for recognition of
              powers — Action for compensation)                           an occupational disease suffered by the applicant and for an
                               ( 96/C 16/25 )                             award of damages by way of compensation for the material
                                                                          and non-material damage allegedly suffered by him — the
                                                                          Court of First Instance ( Fourth Chamber ), composed of: K.
                  (Language of the case: French)                          Lenaerts, President, and R. García-Valdecasas and P. Lindh,
                                                                          Judges; H. Jung, Registrar, gave a judgment on
                                                                          23 November 1 995 , in which it:
 In Case T-64/94 : Dimitrios Benecos, an official of the
 Commission of the European Communities, residing in                       1 , dismisses the action;