CELEX: C1996/031/03
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT of 16 November 1995 in Case C-244/94 (reference for a preliminary ruling from the French Conseil d'Etat): Fédération Française des Sociétés d'Assurance v. Ministry of Agriculture and Fisheries (Article 85 et seq. of the EC Treaty - Concept of an 'undertaking' - Organization managing an optional supplementary social security scheme)

No C 31 /2              EN |                Official Journal of the European Communities                                        3 . 2 . 96
interpretation of Articles 67 and 71 of the EC Treaty — the            compulsory scheme, established by law as an optional
Court, composed of G. C. Rodriguez Iglesias, President,                scheme and operating according to the principle of
D. A. O. Edward and G. Hirsch ( Presidents of Chambers ),              capitalization in keeping with the rules laid down by the
G. F. Mancini , F. A. Schockweiler, J. C. Moitinho de                  authorities in particular with regard to conditions for
Almeida ( Rapporteur ), C. Gulmann , J. L. Murray, P. Jann,            membership, contributions and benefits, is an undertaking
FL Ragnemalm and L. Sevòn, Judges; Advocate General ;                  within the meaning of Article 85 et seq . of the EC
M. B. Elmer, Registrar; D. Louterman-Hubeau , Principal                Treaty.
Administrator, gave a judgment on 14 November 1995 , the
operative part of which is as follows :                                (') O J No C 304, 29 . 10 . 1994 .
It is not compatible with Articles 59 and 67 ofthe EC Treaty
for a Member State to make the grant ofa housing benefit, in
particular an interest rate subsidy, subject to the
requirement that the loans intended to finance the
construction, acquisition or improvement of the housing                              JUDGMENT OF THE COURT
which is to benefit from the subsidy have been obtained                                    of 22 November 1995
from a credit institution approved in that Member State,
which implies that it must be established there.                       in Case C-443/93 ( reference for a preliminary ruling from
                                                                       the Elengtiko Sinedrio ): Ioannis Vougioukas v. Idrima
                                                                                    Koinonikon Asphalisseon ( IKA ) (')
(') OJ No C 43 , 12 . 2 . 1994 .
                                                                       (Interpretation and validity of Article 4 (4) of Regulation
                                                                       (EEC) No 1408/71 and interpretation ofArticles 48 and SI
                                                                       of the Treaty — Special schemes for civil servants — Greek
                                                                                 doctor employed in a German hospital)
                                                                                                 ( 96/C 3 1 /04
              JUDGMENT OF THE COURT
                     of 16 November 1995                                              (Language of the case: Greek)
in Case C-244/94 (reference for a preliminary ruling from
the French Conseil d'Etat ): Fédération Française des                  (Provisional translation; the definitive translation will be
Sociétés d'Assurance v. Ministry of Agriculture and                             published in the European Court Reports)
                             Fisheries (')
                                                                       In Case C-443/93 : reference to the Court under Article 177
(Article 85 et seq. of the EC Treaty — Concept of an
 'undertaking' — Organization managing an optional                     of the EC Treaty from the Elengtiko Sinedrio ( Court of
            supplementary social security scheme)                      Auditors ) ( Greece ) for a preliminary ruling in the
                                                                       proceedings pending before that court between Ioannis
                            ( 96/C 31 /03 )                           Vougioukas and Idrima Koinonikon Asphalisseon ( IKA ) —
                                                                       on the interpretation and validity of Article 4 ( 4 ) of Council
               (Language of the case: French)                          Regulation ( EEC ) No 1408/71 of 14 June 1971 on the
                                                                       application of social security schemes to employed persons,
                                                                       to self-employed persons and to members of their families
(Provisional translation; the definitive translation will be
                                                                       moving within the Community, as amended and updated by
         published in the European Court Reports)
                                                                       Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ
                                                                       1983 No L 230, p. 6 ) — the Court, composed of G. C.
In Case C-244/94 : reference to the Court under Article 177            Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
of the EC Treaty by the French Conseil d'Etat for a                    Edward and G. Hirsch ( Presidents of Chambers ), F. A.
preliminary ruling in the proceedings pending before that              Schockweiler, J. C. Moitinho de Almeida , P. J. G. Kapteyn,
court between Federation Française des Sociétés                        C. Gulmann ( Rapporteur ), P. Jann, H. Ragnemalm and
d'Assurance, Societe Paternelle-Vie, Union des Assurances              L. Sevòn, Judges ; D. Ruiz-Jarabo Colomer, Advocate
de Paris-Vie, Caisse d'Assurance et de Prévoyance Mutuelle             General; L. Hewlett, Administrator, for the Registrar, has
des Agriculteurs on the one hand, and Ministry of                      given a judgment on 22 November 1995 , in which it
Agriculture and Fisheries on the other, on the interpretation          rules :
of Article 85 et seq . of the EC Treaty — the Court, composed
of G. C. Rodriguez Iglesias, President, C. N. Kakouris and             1 . The term 'civil servants ' in Article 4 (4) of Council
D. A. O. Edward ( Presidents of Chambers ), G. F. Mancini,                 Regulation (EEC) No 1408/71 of 14 June 1971 on the
J. C. Moitinho de Almeida ( Rapporteur ), P. J. G. Kapteyn,                application of social security schemes to employed
C. Gulmann, J. L. Murray, P. Jann, H. Ragnemalm and                        persons, to self-employed persons and to members of
L. Sevòn, Judges; Advocate General : G. Tesauro, Registrar:                their families moving within the Community, as
H. A. Rühl, Principal Administrator, for the Registrar, has                amended and updated by Council Regulation (EEC)
given a judgment on 16 November 1995 , the operative part                  No 2001 /83 of 2 June 1983 , does not refer only to civil
of which is as follows :
                                                                           servants covered by the derogation provided for in
                                                                           Article 48 (4) of the Treaty, as interpreted by the Court,
A non-profit-making organization which manages an                          but to all civil servants employed by a public authority
old-age insurance scheme intended to supplement a basic                    and persons treated as such.