CELEX: C1997/357/09
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 2 October 1997 in Case C-144/96 (reference for a preliminary ruling from the Cour du Travail de Bruxelles): Office National des Pensions (ONP) v. Maria Cirotti (Social security - Articles 46 and 51 of Regulation (EEC) No 1408/71)

22 . 11 . 97           I EN I               Official Journal of the European Communities                                       C 357/5
1 . dismisses the application;                                                        JUDGMENT OF THE COURT
                                                                                                 ( Sixth Chamber)
2 . orders the European Parliament to pay the costs;
                                                                                                of 2 October 1997
3 . orders the Kingdom of Sweden and the Commission to                 in Case C- 144/96 ( reference for a preliminary ruling from
     bear their own costs .                                            the Cour du Travail de Bruxelles ): Office National des
                                                                                    Pensions ( ONP) v. Maria Cirotti (')
(') OJ C 248 , 23 . 9 . 1995 .
                                                                       (Social security — Articles 46 and 51 of Regulation (EEC)
                                                                                                    No 1408/71 )
                                                                                                   ( 97/C 357/09 )
               JUDGMENT OF THE COURT                                                   (Language of the case: French)
                          ( Sixth Chamber)
                         of 2 October 1997
in Case C-122/96 (reference for a preliminary ruling from                 (Provisional translation; the definitive translation will be
the Oberster Gerichtshof): Stephen Austin Saldanha and                           published in the European Court Reports)
    MTS Securities Corporation v. Hiross Holding AG ( 1 )
(Equal treatment — Discrimination on grounds of
nationality — Dual nationality — Scope of application of               In Case C- 144/96 : reference to the Court under Article 177
                the Treaty — Security for costs)                       of the EC Treaty from the Cour du Travail de Bruxelles
                                                                       ( Higher Labour Court, Brussels ) for a preliminary ruling
                            ( 97/C 357/08 )
                                                                       in the proceedings pending before that court between
                                                                       Office National des Pensions ( ONP) and Maria Cirotti —
                (Language of the case: German)                         on the interpretation of Articles 46 and 51 of Regulation
                                                                       ( EEC ) No 1408/71 of the Council of 14 June 1971 on the
                                                                       application of social security schemes to employed
  (Provisional translation; the definitive translation will be         persons, to self-employed persons and to members of their
           published in the European Court Reports)                    families moving within the Community ( OJ, English
                                                                       Special Edition 1971 ( II ), p. 416 ), as amended and
In Case C-122/96 : reference to the Court under Article 177            updated by Council Regulation ( EEC ) No 2001 /83 of
of the EC Treaty from the Oberster Gerichtshof ( Austrian              2 June 1983 ( OJ L 230, 22 . 8 . 1983 , p. 6 ) — the Court
                                                                       ( Sixth Chamber ), composed of: G. F. Mancini, President
Supreme Court ) for a preliminary ruling in the
proceedings pending before that court between Stephen
                                                                       of the Chamber, J. L. Murray ( Rapporteur), P. J. G.
                                                                       Kapteyn, G. Hirsch and H. Ragnemalm, Judges; F. G.
Austin Saldanha and MTS Securities Corporation and
Hiross Holding AG — on the interpretation of the first                 Jacobs, Advocate-General; H. A. Riihl, Principal
paragraph of Article 6 of the EC Treaty — the Court                    Administrator, for the Registrar, has given a judgment on
                                                                       2 October 1997, in which it has ruled:
( Sixth Chamber ), composed of: G. F. Mancini, President
of the Chamber, P. J. G. Kapteyn ( Rapporteur ) and H.
Ragnemalm, Judges; A. La Pergola, Advocate-General;
H. A. Riihl, Principal Administrator, for the Registrar, has           Articles 46 and 51 (1 ) of Regulation (EEC) No 1408/71
given a judgment on 2 October 1997, in which it has                    of the Council of 14 June 1971 on the application of
ruled :                                                                social security schemes to employed persons, to self­
                                                                       employed persons and to members of their families
The first paragraph of Article 6 of the EC Treaty must be              moving within the Community, as amended and updated
construed as precluding a Member State from requiring                  by Council Regulation (EEC) No 2001 /83 of 2 June 1983,
provision of security for costs by a national of another               must be interpreted as precluding the share of an
Member State who is also a national of a non-member                    employed person 's old-age pension granted to that
country, in which he is resident, where that national, who             person 's separated spouse under the legislation of a
is not resident and has no assets in the first Member State,           Member State from being recalculated by reference to
                                                                       alterations arising from general economic and social
has brought proceedings before one of its civil courts in
his capacity as a shareholder against a company                        developments in an invalidity benefit received by that
established in that Member State, if such a requirement is             separated spouse under the legislation of another Member
                                                                       State.
not imposed on its own nationals who are not resident
and have no assets there.
                                                                        (') OJ C 180, 22 . 6 . 1996 .
(') OJ C 180, 22 . 6 . 1996 .