CELEX: C1997/271/22
Language: en
Date: 1997-09-06 00:00:00
Title: Reference for a preliminary ruling from the Centrale Raad van Beroep by order of that court of 10 July 1997 in the case of Landelijk Instituut Sociale Verzekeringen v. (1) C.J. Voeten and (2) J. Beckers (Case C-279/97)

6 . 9 . 97               lEN ]                Official Journal of the European Communities                                     C 271 /13
( iii ) The starting date of 28 May 1992 for which the                   Reference for a preliminary ruling from the Centrale Raad
         Defendants contend is neither that laid down in the             van Beroep by order of that court of 10 July 1997 in the
         loan agreement nor that purportedly suggested by the            case of Landelijk Instituut Sociale Verzekeringen v. ( 1 ) C.J.
         Commission in its letter of 23 January 1995 . The                                  Voeten and ( 2 ) J. Beckers
         notion that the assessment period commenced on                                           (Case C-279/97)
         28 May 1992 thus has no basis in law.
                                                                                                   ( 97/C 271 /22 )
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by the Centrale Raad van Beroep
                                                                         ( Court of last instance in social security matters) by order
Action brought on 30 July 1997 by the Commission of the                  of that court of 10 July 1997 in the case of Landelijk
   European Communities against the Kingdom of Belgium                   Instituut Sociale Verzekeringen v. ( 1 ) C.J. Voeten and (2 ) J.
                            ( Case C-277/97)                             Beckers on the following questions:
                              ( 97/C 271/21 )                            1 . Does Article 51 ( 1 ) of Regulation ( EEC ) No 547/72 ( ] )
                                                                              preclude the competent institution from carrying out
An action against the Kingdom of Belgium was brought                          in the country of the competent institution a medical
before the Court of Justice of the European Communities                       examination on a person in receipt of benefit for
on 30 July 1997 by the Commission of the European                             incapacity for work as part of checking the employee's
Communities, represented by Lena Strom and Gotz zur                           degree of incapacity in the absence of a prior medical
Hausen, acting as Agents, with an address for service in                      examination carried out by the institution of the place
Luxembourg at the office of Carlos Gomez de la Cruz,                          of stay or residence, where the employee is a frontier
Wagner Centre, Kirchberg.                                                     worker and, as a result, it can be taken that the
                                                                              distance between his place of residence and the
The applicant claims that the Court should:                                   competent institution is not necessarily greater than
                                                                              the distance between his place of residence and the
 1 . declare that, by failing to implement within the                         institution of the place of residence ?
        prescribed period all measures necessary to comply
                                                                         2.   In the case of determination for the first time of
        with Council Directive 92/3/Euratom of 3 February
        1992 on the supervision and control of shipments of                   entitlement to benefit, does Article 40 of Regulation
        radioactive waste between Member States and into                      ( EEC ) No 574/72 preclude the competent institution
        and out of the Community ('), the Kingdom of                          from assessing the incapacity for work on the basis of
        Belgium has failed to fulfil its obligations under the                its own medical examination, without a prior medical
        EAEC Treaty;                                                          examination by the institution of the place of
                                                                              residence ?
2 . order the Kingdom of Belgium to pay the costs.
                                                                         3 . If the answer to question 2 is in the negative: does that
Pleas in law and main arguments adduced in support:                           also apply where the competent institution has not
                                                                              requested and hence not taken account of medical
The pleas in law and main arguments are similar to those                      documents and reports and also information from the
in Case C-220/97 (2 ).                                                        institution of the place of residence, but only apprised
                                                                              itself of medical information from the attending
H OJ L 35 , 12 . 2 . 1992, p . 24 .                                           practitioner in the country where the employee is
( 2 ) OJ C 252 , 16 . 8 . 1997, p. 15 .                                       undergoing medical treatment ?
                                                                         (') OJ, English Special Edition, 1972 ( I ), p. 160 .