CELEX: C1996/133/10
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 15 February 1996 in Case C-53/95 (reference for a preliminary ruling by the Tribunal du Travail, Tournai): Inasti v. Hans Kemmler (Freedom of establishment - Social security for self-employed persons working in two Member States)

No C 133 /6           EN                  Official Journal of the European Communities                                    4 . 5 . 96
                JUDGMENT OF THE COURT                                 Commission of the European Communities ( Agents : Michel
                        (Third Chamber )                              Nolin and Ben Smulders ), supported by the Kingdom of the
                                                                      Netherlands ( Agents : Jaap de Zwaan and Ton Heukels ) —
                      of 15 February 1996                             application for annulment of the Commission's decision
 in Case C-53/95 ( reference for a preliminary ruling                 pursuant to Article 93 ( 2 ) of the EC Treaty , addressed on
 by the Tribunal du Travail, Tournai ): Inasti v. Hans                29 December 1992 to other Member States and other
                             Kemmler ( 1 )                            parties concerned, regarding a preferential tariff system
  (Freedom of establishment — Social security for                     applied in the Netherlands for supplies of natural gas to
    self-employed persons working in two Member States)               Dutch nitrate fertilizer producers ( OJ No C 344 , 1992 , p . 4 )
                                                                      — the Court ( Fifth Chamber ), composed of D. A. O.
                            96/C 133/ 10
                                                                      Edward, President of the Chamber, J. C. Moitinho de
                                                                      Almeida , C. Gulmann ( Rapporteur ), P. Jann and L. Sevón ,
                 (Language of tbe case: French)                      Judges ; N. Fennelly, Advocate-General ; D. Louterman-
                                                                      Hubeau , Principal Administrator, for the Registrar, gave a
 (Provisional translation ; the definitive translation will be        judgment on 29 February 1996 , in which it:
           published in the European Court Reports)
                                                                       1 , dismisses the application;
 In Case C-53/95 — reference by the Tribunal du Travail
 ( Labour Tribunal ), Tournai , for a preliminary ruling in the
proceedings pending before that court between Inasti                  2 , orders the applicant to pay the costs;
 ( Institut National d'Assurances Sociales pour Travailleurs
Indépendants — National Social Insurance Institution
                                                                      3,   orders the intervener to bear its own costs .
for Self-employed Persons ) and Hans Kemmler, on the
interpretation of Articles 48 , 51 , 52 and 59 of the EC Treaty
— the Court ( Third Chamber ), composed of J. P. Puissochet           (') OJ No C 88 , 30 . 3 . 1993 .
 ( Rapporteur ), President of the Chamber, J. C. Moitinho de
Almeida and C. Gulmann, Judges; D. Ruiz-Jarabo Colomer,
Advocate-General ; R. Grass , Registrar, gave a judgment
on 15 February 19 96 , the operative part of which is as
follows :
Article 52 of the EC Treaty precludes a Member State from
requiring contributions to be made to the social security                           JUDGMENT OF THE COURT
scheme for self-employed persons by persons already                                            ( Fifth Chamber )
working as self-employed persons in another Member State
where they have their habitual residence and are affiliated to                             of 29 February 1996
a social security scheme, that obligation affording them no          in Joined Cases C-296/93 and C-307/93 : French Republic
additional social security cover.                                    v. Commission of the European Communities and Ireland
                                                                            v. Commission of the European Communities (')
(') OJ No C 101 , 22 . 4 . 1995 .                                     (Common organization of the market in beef and veal —
                                                                                       Conditions for intervention)
                                                                                                 ( 96/C 133/ 12 )
                                                                      (Languages of the cases: C-296/93 : French; C-307/93 :
                JUDGMENT OF THE COURT                                                                English)
                        ( Fifth Chamber )
                     of 29 February 1996                              (Provisional translation : the definitive translation will be
in Case C-56/93 : Kingdom of Belgium v. Commission of the                      published in the European Court Reports)
                   European Communities ( 1 )
(State aid — Preferential tariffsystem for supplies ofnatural        In Joined Cases C-296/93 and C-307/93 : French Republic
            gas to Dutch nitrate fertilizer producers)               ( Agents : Philippe Pouzoulet, Catherine de Salins and
                          ( 961C 133/ 11 )                           Jean-Louis Falconi ) v . Commission of the European
                                                                     Communities ( Agents : Gérard Rozet and Christopher
                 (Language of the case: French)                      Docksey ), supported by United Kingdom of Great Britain
                                                                     and Northern Ireland ( Agent: John D. Colahan, assisted by :
                                                                     Eleanor Sharpston, Barrister ) and Ireland ( Agent : Michael
(Provisional translation; the definitive translation will be         A. Buckley, assisted by : James O'Reilly SC, and Richard
          published in the European Court Reports)                   Law Nesbitt, Barrister-at-Law ) v . Commission of the
                                                                     European Communities                ( Agents : Gérard Rozet,
In Case C-56/93 : Kingdom of Belgium ( Agent : Jan                   Christopher Docksey and Hans Gerald Crossland ),
Devadder, assisted by Claude A. Gonthier, Avocat ) v .               supported by United Kingdom of Great Britain and