CELEX: C1996/158/16
Language: en
Date: 1996-06-01 00:00:00
Title: Reference for a preliminary ruling by the Bundessozialgericht by order of that court of 8 February 1996 in the case of 1. Manuela Gomez Rodriguez and 2. Gregorio Gomez Rodriguez v. Landesversicherungsanstalt Rheinprovinz (Case C-113/96)

1 . 6 . 96           I EN     |            Official Journal of the European Communities                                      No C 158/7
      necessary in order to comply fully with Council                 Action brought on 3 April 1996 by the Commission of the
      Directive 91 /674/EEC of 19 December 1991 on the                     European Communities against the Hellenic Republic
      annual accounts and consolidated accounts of insurance
                                                                                                 ( Case C-1 12/96
      undertakings (');
                                                                                                    ( 96/C 158 / 15 )
— order the Hellenic Republic to pay the costs .
                                                                      An action against the Hellenic Republic was brought before
Pleas in law and main arguments                                       the Court of Justice of the European Communities on
                                                                      3 April 1996 by the Commission of the European
Under Article 189 ( 3 ) of the Treaty establishing the                Communities, represented by Dimitrios Gouloussis, Legal
European Community directives are to be binding upon                  Adviser at the Commission, with an address for service in
each Member State to which they are addressed . The                   Luxembourg at the office of Carlos Gomez de la Cruz, of the
Hellenic Republic has not yet adopted the measures                    Commission's Legal Service, Wagner Centre, Kirchberg.
necessary to incorporate the relevant Directive fully into
Greek law and has also failed to communicate any such                 The applicant claims that the Court should :
measures to the Commission .
                                                                      — declare that the Hellenic Republic has failed to fulfil its
(') OJ No L 374 , 1991 , p . 7 .                                            obligations under the EC Treaty by failing to adopt and
                                                                            also to communicate to the Commission in due time
                                                                            the laws, regulations and administrative provisions
                                                                            necessary in order to comply fully with Council
                                                                            Directive 92/96/EEC of 10 November 1992 on the
Action brought on 3 April 1996 by the Commission of the                     coordination of laws, regulations and administrative
     European Communities against the Hellenic Republic                     provisions relating to direct life assurance (') and
                        ( Case C-111 /96                                    amending Directives 79/267/EEC ( 2 ) and 90/619/EEC ( 3 )
                          ( 96/C 158/ 14 )                                  ( third life assurance directive );
An action against the Hellenic Republic was brought before            — order the Hellenic Republic to pay the costs .
the Court of Justice . of the European Communities on
3 April 1996 by the Commission of the European                        Pleas in law and main arguments
Communities, represented by Dimitrios Gouloussis, Legal
Adviser at the Commission, with an address for service in             Under Article 189 ( 3 ) of the Treaty establishing the
Luxembourg at the office of Carlos Gômez de la Cruz, of the           European Community directives are to be binding upon
Commission's Legal Service, Wagner Centre, Kirchberg.                 each Member State to which they are addressed . The
                                                                      Hellenic Republic has not yet adopted the measures
The applicant claims that the Court should :                          necessary to incorporate the relevant Directive fully into
                                                                      Greek law and has also failed to communicate any such
— declare that the Hellenic Republic has failed to fulfil its         measures to the Commission .
      obligations under the EC Treaty by failing to adopt and
      also to communicate to the Commission in due time               (') OJ No L 360, 1992 , p . 1 .
      the laws, regulations and administrative provisions             ( 2 ) OJ No L 63 , 1979 , p . 1 .
      necessary in order to comply fully with Council                 ( 5 ) OJ No L 330 , 1990 , p . 50.
      Directive 92/49/EEC of 18 June 1992 on the
      coordination of laws, regulations and administrative
      provisions relating to direct insurance other than life
      assurance (') and amending Directives 73/239/EEC ( 2 )
      and     88/357/EEC ( 3 )     ( third non-life   insurance       Reference for a preliminary ruling by the Bundessozial­
      directive );                                                    gericht by order of that court of 8 February 1996 in the case
— order the Hellenic Republic to pay the costs .                      of 1 . Manuela Gomez Rodriguez and 2 . Gregorio Gomez
                                                                          Rodriguez v. Landesversicherungsanstalt Rheinprovinz
Pleas in law and main arguments                                                                  ( Case C-113 /96 )
                                                                                                    ( 96/C 158/ 16 )
Under Article 189 ( 3 ) of the Treaty establishing the
European Community directives are to be binding upon
each Member State to which they are addressed . The                   Reference has been made to the Court of Justice of the
Hellenic Republic has not yet adopted the measures                    European Communities by order of the Bundessozialgericht
necessary to incorporate the relevant Directive fully into             ( Federal Social Court ), Thirteenth Chamber, of 8 February
Greek law and has also failed to communicate any such                  1996 , which was received at the Court Registry on 5 April
measures to the Commission .                                           1996 , in the case of 1 . Manuela Gomez Rodriguez and
                                                                      2 . Gregorio Gomez Rodriguez v. Landesversicherungs­
(') OJ No L 228 , 1992 , p . 1 .                                      anstalt ( Regional Insurance Office ) Rheinprovinz, on the
( 2 ) OJ No L 228 , 1973 , p . 3 .                                    following questions :
( 3 ) OJ No L 172 , 1988 , p . 1 .
                                                                       1 . Is Article 78 ( 2 ) ( b ) of Regulation ( EEC ) No 1408/71 ( )
                                                                             to be as meaning that the provision contained therein on
 ---pagebreak---  No C 158/8               EN                    Official Journal of the European Communities                                          1 . 6 . 96
      the legislation applicable for the grant of benefits is to                  assimilation and simplification thresholds a detailed
      apply permanently even if the right to orphans' pension                     declaration of all its intra-Community imports and
      first arose in the Member State which is competent                          exports, has Council Regulation ( EEC ) No 3330/91 of
      thereunder ( in this case the State of residence ) but has                  7 November 1991 (') introduced a measure having an
      subsequently been lost by reason of the attainment of an                    effect equivalent to a quantitative restriction on trade
      age limit, while in another Member State whose                              in goods between Member States prohibited by
      legislation was also applicable to the insured person, a                    Articles 30 and 34 of the EEC Treaty ?
      right to orphan's pension would run beyond that time
      in pursuance of Article 79 of Regulation ( EEC )                     ( b ) Does the obligation to provide the data required under
      No 1408/71 , or is there in such a case a change                            the Intrastat collection system in both the importing
      of the legislation applicable in accordance with                            and the exporting country, breach of which is subject to
      Article 78 ( 2 ) ( b ) ( ii ) of the Regulation ?                           criminal sanctions under Luxembourg law in the event
                                                                                  of non-submission of the information requested to
 2 . Does the expectation of continuing to receive orphans '                      the Service central de la statistique et des études
      pension already granted by a Member State under a                           économiques ( Central Statistics and Economics Unit ),
      convention concluded between two Member States and                          constitute for traders a constraint that is unjustified and
      transposed into national law for a longer period ( for                      disproportionate in relation to the general-interest
      example in the case of education or vocational training                     objective pursued and is it therefore contrary to the
      extending beyond the completion of the 18th year ) than                     third paragraph of Article 3b of the EEC Treaty as
      the orphans' pension which is to be granted pursuant to                     inserted by Article G ( 5 ) of the Treaty on European
      the legislation of another Member State, applicable                         Union signed at Maastricht on 7 February 1992 ?
      under Article 78 ( 2 ) ( b ) of Regulation ( EEC )
      No 1408/71 , constitue one of the social security                    C ) OJ No L 316 , 16 . 11 . 1991 , p . 1 .
      advantages which orphans must not lose by virtue of
      the fact that the said convention lias been rendered
      inapplicable by the entry into force of Regulation ( EEC )
      No 1408 /71 ?
 3 . If Question 2 is answered in the affirmative : Can
      orphans who were already entitled, before Regulation                 Reference for a preliminary ruling from the Tullilautakunta
      ( EEC ) No 1408/71 came into force, to orphans'                     by interim order of that body of 27 March 1996 in the
      pensions according to the law of a Member State in                               proceedings brought by Outokumpu Oy
      pursuance of a social insurance convention concluded                                          ( Case C-1 15/96 )
      between two Member States again rely on that
      entitlement where there is no longer any right to                                               ( 96/C 158 / 18 )
      a benefit which first arose under the legislation
      of another Member State applicable under                             Reference has been made to the Court of Justice of the
      Article 78 ( 2 ) ( b ) of Regulation ( EEC ) No 1408/71 ?            European Communities by an interim order of the
                                                                          Tullilautakunta ( Customs Committee ) of 27 March 1996 ,
(') OJ , English Special Edition 1971 ( II ), p . 416 .                   which was received at the Court Registry on 10 April 1 996 ,
                                                                          for a preliminary ruling in the proceedings brought by
                                                                           Outokumpu Oy on the following questions :
                                                                           1 . Is the duty levied on electricity to be regarded as a
                                                                                customs duty or other charge having equivalent effect
                                                                                prohibited by Articles 9 and 12 of the EC Treaty, if the
Reference for a preliminary ruling from the Tribunal de                         electricity duty is determined with respect to electricity
Police, Luxembourg, by judgment of that court of 2 April                        imported from another Member State on the basis of the
1996 in the case of Ministère Public v. René Kieffer and                        amount of electricity received by the recipient of
                               Romain Thill                                     electricity during a tax period, whereas with respect to
                            ( Case C-1 14/96 )                                  domestically produced electricity the duty is determined
                                                                                on the basis of the amount produced during a tax
                              ( 96/C 158/17)                                    period ?
Reference has been made to the Court of Justice of the                          What effect does it have on the assessment of the matter
European Communities by a judgment of the Tribunal de                           that the rate of duty is different for electricity produced
Police ( Local Criminal Court ), Luxembourg, of 2 April                          by different production methods ? Duty of 2,4 p/kWh is
1996 , which was received at the Court Registry on 9 April                      levied on electricity produced by nuclear power, and the
 1 996 , for a preliminary ruling in the case of Ministère Public               rate of duty levied on imported electricity is 2,2 p/kWh .
( Public Prosecutor's Office ) v . René Kieffer and Romain                      Duty of 0,4 p/kWh is levied on electricity produced by
Thill on the following questions :                                              water power .
( a ) In so far as it requires Member States to obtain from               2 . Is the tax system described in Question 1 to be regarded
       every undertaking exceeding the stipulated exclusion,                    as an internal taxation system of a Member State ,