CELEX: C1996/354/07
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 September 1996 in Case C-278/94: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Indirect discrimination on grounds of nationality - Children of migrant workers - Social advantages - Young people seeking first employment - Access to special employment programmes)

No C 354/4            EN                   Official Journal of the European Communities                                  23 . 11 . 96
              JUDGMENT OF THE COURT                                       by Article 51 of the EEC (now the EC) Treaty, implies
                         ( Fifth Chamber )                                that, in a situation such as that at issue in the main
                                                                          proceedings, calculation of the average basis for
                    of 12 September 1996                                  contributions rests solely on the amount of
in Case C-251 /94 ( reference for a preliminary ruling from               contributions paid under the legislation concerned, and
the Tribunal Superior de Justicia de la Comunidad                         the theoretical amount of the benefit thus obtained is to
Autónoma del País Vasco ): Eduardo Lafuente Nieto v.                      be duly revalorized and increased as if the person
Instituto Nacional de la Seguridad Social ( INSS ) and                    concerned had continued to work under the same
    Tesorería General de la Seguridad Social ( TGSS )( ] )                conditions in the Member State in question.
(Social security — Invalidity — Articles 46 and 47 of
Regulation (EEC) No 1408/71 — Calculation of
                               benefits)                              3 . Article 46 (2) (c) of Regulation (EEC) No 1408/71 does
                                                                          not cover the calculation of invalidity benefits under a
                           ( 96/C 354/06 )                                scheme such as that provided for by Spanish legislation,
                                                                          whereby the amount of benefit does not depend on the
               (Language of the case: Spanish)                            length of the insurance periods.
                                                                      (') OJ No C 316 , 12 . 11 . 1994 .
(Provisional translation; the definitive translation will be
         published in the European Court Reports)
In Case C-251 /94 : reference to the Court under Article 177
of the EC Treaty by the Tribunal Superior de Justicia de la
Comunidad Autonoma del Pais Vasco [High Court of
Justice of the Basque Autonomous Community] ( Spain ) for
a preliminary ruling in the proceedings pending before that
court between Eduardo Lafuente Nieto and Instituto                                  JUDGMENT OF THE COURT
Nacional de la Seguridad Social ( INSS ) and Tesoreria                                        ( Fifth Chamber )
General de la Seguridad Social ( TGSS ) — on the
interpretation and validity of Article 47 ( 1 ) of Council                                of 12 September 1996
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the                  in Case C-278/94 : Commission of the European
application of social security schemes to employed persons,                     Communities v. Kingdom of Belgium ( ] )
to self-employed persons and to members of their families             (Failure ofa Member State to fulfil its obligations — Indirect
moving within the Community, as amended and updated by                discrimination on grounds of nationality — Children of
Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ            migrant workers — Social advantages — Young people
No L 230 , 1 983 , p. 6 ) and as adapted by Annex I, Part VIII ,      seeking first employment — Access to special employment
of the Act concerning the conditions of accession of the                                         programmes)
Kingdom of Spain and the Portuguese Republic and the
                                                                                                ( 96/C 354/07 )
adjustments to the Treaties ( OJ No L 302 , 1985 , p. 170 ),
and on the interpretation of Article 46 ( 2 ) of that regulation
— the Court ( Fifth Chamber ), composed of: D. A. O.
Edward, President of the Chamber, J. -P. Puissochet                                  (Language of the case: French)
( Rapporteur ), P. Jann, L. Sevon and M. Wathelet, Judges; A.
La Pergola , Advocate-General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 12 September               (Provisional translation; the definitive translation will be
1996 , in which it rules :                                                    published in the European Court Reports)
1 . Article 47 ( 1 ) (e) of Council Regulation (EEC)                  In Case C-278/94 : Commission of the European
    No 1408/71 of 14 June 1971 on the application ofsocial            Communities ( Agent: M. Wolfcarius ) v. Kingdom of
    security schemes to employed persons, to self-employed            Belgium ( Agents : J. Devadder and C. Deneve ) — application
    persons and to members of their families moving within            for a declaration that, by requiring that young people
    the Community, as amended and updated by Council                  seeking their first employment have completed their
    Regulation (EEC) No 2001 /83 of 2 June 1983 and as                secondary education in an establishment subsidized or
    adapted by Annex 1, Part VIII of the Act concerning the           approved by the Belgian State ( or by one of its communities )
    conditions ofaccession of the Kingdom of Spain and the            in order to be eligible for tideover allowances, and by
    Portuguese Republic and the adjustments to the                    encouraging employers at the same time to take on
     Treaties, covers a system for calculating invalidity             beneficiaries of those unemployment allowances by
    benefits on an average basis for contributions, as laid           providing for the State to assume responsibility in such a
    down by the Spanish legislation .                                 case for the remuneration and social security contributions
                                                                      for such workers if they are wholly unemployed and on
                                                                      benefit, the Kingdom of Belgium has failed to fulfil its
2 . Article 47 (1 ) (e) of Regulation (EEC) No 1408/71 ,              obligations under Article 48 of the EC Treaty and Articles 3
    interpreted in accordance with the objective laid down            and 7 of Regulation ( EEC ) No 1612/68 of the Council of
 ---pagebreak--- 23 . 11 . 96           I EN                  Official Journal of the European Communities                                No C 354/5
15 October 1968 on freedom of movement for workers                      Council Directive 91 / 1 56/EEC of 18 March 1991 amending
within the Community ( Official Journal, English Special                Directive 75/442/EEC on waste ( OJ No L 78 , 1991 , p. 32 )
Edition 1968 ( II ), p. 475 ), — the Court ( Fifth Chamber )            — the Court ( First Chamber ), composed of: D. A. O.
composed of: D.A. O. Edward, President of the Chamber,                  Edward, President of the Chamber, L. Sevon ( Rapporteur )
J. -P. Puissochet, C. Gulmann, P. Jann ( Rapporteur ) and L.            and M. Wathelet, Judges; N. Fennelly, Advocate-General ;
Sevon, Judges ; Advocate-General : D. Ruiz-Jarabo Colomer,              R. Grass, Registrar, gave a judgment on 12 September 1996 ,
Registrar: H. von Holstein, Deputy Registrar, has given a               the operative part of which is as follows :
judgment on 12 September 1996 , in which it:
                                                                        Article 5 and the third paragraph of Article 189 of the EC
 1 . declares that, by requiring that dependent children of             Treaty must be interpreted as not precluding a Member
      migrant workers of the Community residing in Belgium              State from imposing criminal penalties to ensure compliance
      have completed their secondary education in an                    with the obligations laid down by Council Directive
      establishment subsidized or approved by the Belgian               91 / 1 56/EEC of 18 March 1991 amending Directive
      State or by one of its communities in order to be eligible        75/442/EEC on waste, provided that th.ose penalties are
     for tideover allowances, the Kingdom of Belgium has                analogous to those applicable to infringements of national
      failed to fulfil its obligations under Article 48 of the EC       law ofa similar nature and importance and are, in any event,
      Treaty and Article 7 ofRegulation (EEC) No 1612/68 of             effective, proportionate and dissuasive.
      the Council of 15 October 1968 on freedom of
      movement for workers within the Community;                        (') OJ   No C 119 , 13 . 5 . 1995 ,
                                                                            OJ   No C 137,  3 . 6 . 1995 ,
2 . dismisses the remainder of the application;                             OJ   No C 159,  24 . 6 . 1995 ,
                                                                            OJ   No C 208 , 12 . 8 . 1995 .
3 . orders the parties to bear their own costs.
(') OJ No C 351 , 1994 .
                                                                                      JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber )
                                                                                              of 17 September 1996
                JUDGMENT OF THE COURT                                   in Joined Cases C-246/94 , C-247/94 , C-248/94 and
                            (First Chamber)                             C-249/94 ( references for preliminary rulings from the Corte
                                                                        Suprema di Cassazione ): Cooperativa Agricola Zootecnica
                        of 12 September 1996                            S. Antonio and Others v . Amministrazione delle Finanze
in Joined Cases C-58/95 , C-75/95 , C-l 12/95 , C-l 19/95 ,                                           dello Stato ( 1 )
C-123/95 , C-135 /95 , C-140/95 , C-141 /95 , C-154/95 and               (Commission Regulations (EEC) No 612/77 and (EEC)
C-157/95 ( reference for a preliminary ruling from the                  No 1384/77 — Special import arrangements in respect of
Pretura Circondariale di Roma, Sezione Distaccata di Tivoli              certain young male bovine animals for fattening — Council
 and Sezione Distaccata di Castelnuovo di Porto ): Criminal                                  Directive 79/623/EEC)
      proceedings against Sandro Gallotti and Others ( 1 )
                                                                                                      ( 96/C 354/09 )
 (Approximation of laws — Waste — Directive
                              91/156/EEC)
                                                                                        (Language of the case: Italian)
                             ( 96/C 354/08 )
                                                                         (Provisional translation; the definitive translation will be
                  (Language of the case: Italian)                                 published in the European Court Reports)
 (Provisional translation; the definitive translation will be            In Joined Cases C-246/94 , C-247/94 , C-248/94 and
           published in the European Court Reports)                      C-249/94 : references to the Court under Article 177 of the
                                                                         EC Treaty from the Corte Suprema di Cassazione [ Court of
 In Joined Cases C-58/95 , C-75/95 , C-l 12/95 , C-l 19/95 ,             Cassation ] for preliminary rulings in the proceedings
 C-123/95 , C-135/95 , C-140/95 , C-141 /95 , C-154/95 and               pending before that court between Cooperativa Agricola
 C-157/95 : reference to the Court under Article 177 of the              Zootecnica S. Antonio and Others and Amministrazione
 EC Treaty from the Pretura Circondariale di Roma , Sezione              delle Finanze dello Stato — on the interpretation of Council
 Distaccata di Tivoli and Sezione Distaccata di Castelnuovo              Directive 79/623/EEC of 25 June 1979 on the har­
 di Porto [District Magistrate's Court, Rome , Tivoli Division           monization of provisions laid down by law , regulation or
 and Castelnuovo di Porto Divisioni for a preliminary ruling             administrative action relating to customs debt ( OJ No
 in the criminal proceedings pending before that court                   L 179 , 1979 , p. 31 ) and Commission Regulation ( EEC )
 against Sandro Gallotti, Roberto Censi , Giuseppe Salmaggi ,            No 612/77 of 24 March 1977 laying down rules for the
 Salvatore Pasquire , Massimo Zappone, Francesco Segna                   application of the special import arrangements in respect of
 and Others, Cesare Cervetti, Mario Gasbarri , Isidoro                   certain young male bovine animals for fattening ( OJ No
 Narducci and Fulvio Smaldone on the interpretation of                   L 77, 1977, p. 18 ), as amended by Commission Regulation