CELEX: C1998/137/02
Language: en
Date: 1998-05-02 00:00:00
Title: JUDGMENT OF THE COURT of 5 March 1998 in Case C-160/96 (reference for a preliminary ruling from the Sozialgericht Karlsruhe): Manfred Molenaar, Barbara Fath-Molenaar v. Allgemeine Ortskrankenkasse Baden-Württemberg (Freedom of movement for workers - Benefits designed to cover the risk of reliance on care)

2.5.98               EN                   Official Journal of the European Communities                                       C 137/1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  2. orders Inpesca to pay the costs;
                      (Second Chamber)
                                                                      3. orders Pevasa to bear its own costs.
                       of 5 March 1998
                                                                      (1) OJ C 333, 9.12.1995.
in Joined Cases C-199/94 P and C-200/94 P REV:
CompanÄia Internacional de Pesca y Derivados SA
 (Inpesca) v. Commission of the European Communities (1)
(Revision of a judgment Ð New and decisive factor Ð
                        Inadmissibility)
                                                                                    JUDGMENT OF THE COURT
                         (98/C 137/01)
                                                                                            of 5 March 1998
                                                                      in Case C-160/96 (reference for a preliminary ruling from
               (Language of the case: Spanish)
                                                                      the Sozialgericht Karlsruhe): Manfred Molenaar, Barbara
                                                                      Fath-Molenaar v. Allgemeine Ortskrankenkasse Baden-
  (Provisional translation; the definitive translation will be                               Württemberg (1)
         published in the European Court Reports)                     (Freedom of movement for workers Ð Benefits designed
                                                                                  to cover the risk of reliance on care)
In Joined Cases C-199/94 P and C-200/94 P REV:                                                (98/C 137/02)
CompanÄia Internacional de Pesca y Derivados SA
(Inpesca), a company incorporated under Spanish law,                                 (Language of the case: German)
established in Bermeo (Spain), represented by Maria Iciar
Angulo Fuertes, of the Vizcaya Bar, with an address for                 (Provisional translation; the definitive translation will be
service in Luxembourg at the Chambers of Ernest Arendt,                        published in the European Court Reports)
8-10 rue Mathias Hardt Ð application for revision of the
order of the Court of Justice of 26 October 1995 in Joined            In Case C-160/96: reference to the Court pursuant to
Cases C-199/94 P and C-200/94 P Pevasa and Inpesca v.                 Article 177 of the EC Treaty from the Sozialgericht (Social
Commission [1995] ECR I-3709, the other parties to the                Court), Karlsruhe, Germany, for a preliminary ruling in
proceedings being: Commission of the European                         the proceedings pending before that court between
Communities (Agents: Francisco Santaolalla Gadea and                  Manfred Molenaar,           Barbara Fath-Molenaar and
JoseÂ Luis Iglesias Buhigues), and Pesqueria Vasco-                   Allgemeine Ortskrankenkasse Baden-Württemberg Ð on
MontanÄesa SA (Pevasa), a company incorporated under                  the interpretation of Articles 6 and 48(2) of the EC Treaty
Spanish law, established in Bermeo (Spain), represented by            Ð the Court, composed of: G. C. Rodríguez Iglesias,
Maria Iciar Angulo Fuertes, of the Vizcaya Bar, with an               President, C. Gulmann, H. Ragnemalm, M. Wathelet and
address for service in Luxembourg at the Chambers of                  R. Schintgen (Presidents of Chambers), G. F. Mancini, J. C.
Ernest Arendt, 8-10 rue Mathias Hardt Ð the Court                     Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,
(Second Chamber), composed of: R. Schintgen, President                D. A. O. Edward, J.-P. Puissochet (Rapporteur), G.
of the Chamber, G. F. Mancini (Rapporteur) and G.                     Hirsch, P. Jann, L. Sevón and K. M. Ioannou, Judges; G.
Hirsch, Judges; S. Alber, Advocate-General; R. Grass,                 Cosmas, Advocate-General; H. von Holstein, Deputy
Registrar, has given a judgment on 5 March 1998, in                   Registrar, for the Registrar, has given a judgment on
which it:                                                             5 March 1998, in which it has ruled:
                                                                      Articles 6 and 48(2) of the EC Treaty do not preclude a
1. dismisses the application for revision as inadmissible;            Member State from requiring persons working in its
 ---pagebreak--- C 137/2               EN                  Official Journal of the European Communities                                       2.5.98
territory but residing in another Member State to                    1. Article 73 of Council Regulation (EEC) No 1408/71
contribute to a social security scheme covering the risk of               of 14 June 1971 on the application of social security
reliance on care, although Articles 19(1), 25(1) and 28(1)                schemes to employed persons, to self-employed
of Council Regulation (EEC) No 1408/71 of 14 June                         persons and to members of their families moving
1971 on the application of social security schemes to                     within the Community, as amended and updated by
employed persons, to self-employed persons and to                         Regulation (EEC) No 2001/83 (4), as amended by
members of their families moving within the Community,                    Regulation (EEC) No 3427/89, then by Regulation
as amended and updated by Regulation (EEC) No 2001/                       (EEC) No 1247/92, read in conjunction with Point
83, do prevent entitlement to an allowance such as the                    I.C of Annex I to the same Regulation, is to be
care allowance, which constitutes a sickness benefit in                   interpreted, for the purpose of payment of child
cash, from being subject to the condition that the insured                allowance under German legislation, as not applying
person resides in the territory of the Member State where                 to a national of that Member State who receives,
he is insured.                                                            under its legislation, an old-age benefit as a retired
                                                                          civil servant, where that person has worked only in
                                                                          the Member State of which he is a national and his
(1) OJ C 197, 6.7.1996.
                                                                          dependent child has moved within the Community
                                                                          with his former spouse.
                                                                     2. Article 77(2)(a) of Regulation (EEC) No 1408/71, as
                                                                          amended, is to be interpreted as not covering the
                                                                          situation of a person who draws a pension only under
               JUDGMENT OF THE COURT                                      a special scheme for civil servants and persons treated
                                                                          as such.
                        (Fifth Chamber)
                       of 5 March 1998                               (1 ) OJ C 233, 10.8.1996.
                                                                     (2 ) OJ L 230, 22.8.1983, p. 6.
in Case C-194/96 (reference for a preliminary ruling from
                                                                     (3)  OJ L 331, 16.11.1989, p. 1.
    the Bundessozialgericht): Hilmar Kulzer v. Freistaat             (4)  OJ L 136, 19.5.1992, p. 1.
                            Bayern (1)
(Regulation (EEC) No 1408/71 Ð Worker who has not
exercised the right to freedom of movement Ð Retired
civil servant Ð Article 73 Ð Family benefits Ð German
institution competent Ð Article 77 Ð National
                           legislation)
                                                                                     JUDGMENT OF THE COURT
                         (98/C 137/03)
                                                                                             (Sixth Chamber)
                                                                                            of 5 March 1998
               (Language of the case: German)
                                                                     in Case C-347/96 (reference for a preliminary ruling from
                                                                     the Tribunal Superior de Justicia de Madrid): Solred SA v.
                                                                                 Administración General del Estado (1)
  (Provisional translation; the definitive translation will be
                                                                     (Directive 69/355/EEC Ð Duty charged on documents
          published in the European Court Reports)
                                                                       recording the contribution of a part of the share capital)
                                                                                               (98/C 137/04)
In Case C-194/96: reference to the Court pursuant to
Article 177 of the EC Treaty from the Bundessozialgericht
(Federal Social Court), Germany, for a preliminary ruling                            (Language of the case: Spanish)
in the proceedings pending before that court between
Hilmar Kulzer und Freistaat Bayern (Free State of Bavaria)
Ð on the interpretation of Articles 2(3), 73 and 77 of                 (Provisional translation; the definitive translation will be
Council Regulation (EEC) No 1408/71 of 14 June 1971                            published in the European Court Reports)
on the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended and                 In Case C-347/96: reference to the Court pursuant to
updated by Regulation (EEC) No 2001/83 (2), as amended               Article 177 of the EC Treaty from the Tribunal Superior
by Regulation (EEC) No 3427/89 of 30 October 1989,                   de Justicia de Madrid (High Court of Justice, Madrid), for
then by Regulation (EEC) No 1247/92 (3) Ð the Court                  a preliminary ruling in the proceedings pending before
(Fifth Chamber), composed of: C. Gulmann, President of               that court between Solred SA and Administración General
the Chamber, J. C. Moitinho de Almeida, D. A. O.                     del Estado Ð on the interpretation of Articles 4(1)(a),
Edward (Rapporteur), J.-P. Puissochet and P. Jann, Judges;           5(1)(a), 7 and 10(a) of Council Directive 69/335/EEC of
N. Fennelly, Advocate-General; H. A. Rühl, Principal                 17 July 1969 concerning indirect taxes on the raising of
Administrator, for the Registrar, has given a judgment on            capital (2), as amended by Directive 85/303/EEC (3) Ð the
5 March 1998, in which it has ruled:                                 Court (Sixth Chamber), composed of: H. Ragnemalm