CELEX: C1996/247/05
Language: en
Date: 1996-08-24 00:00:00
Title: Action brought on 24 May 1996 by the Commission of the European Communities against the Grand Duchy of Luxembourg (Case C-179/96)

No C 247/4              EN                  Official Journal of the European Communities                                       24 . 8 .
                                                          COURT OF JUSTICE
Action brought on 24 May 1996 by the Commission of the                 The applicant claims that the Court should :
European Communities against the Grand Duchy of
                             Luxembourg                                1 . declare that, in so far as it precludes, by regulation or
                         ( Case C- 179/96                                   administrative practice, by reason of nationality,
                                                                            Community workers, whether employees or
                            ( 96/C 247/05 )                                 self-employed , and the members of their families, on the
                                                                            one hand from having large-family status recognized for
An action against the Grand Duchy of Luxembourg was                         the purpose of the award of the relevant benefits
brought before the Court of Justice on 24 May 1996 by the                   provided for the members of large families, and, on the
Commission of the European Communities, represented by                      other hand, from being awarded family supplements,
Dimitrios Gouloussis, acting as Agent, with an address for                  the Hellenic Republic is in breach of its obligations
service in Luxembourg at the office of Carlos Gomez de la                   under Community law, in particular Articles 48
Cruz, of the Legal Service, Wagner Centre , Kirchberg.                      and 52 of the EC Treaty, Article 7 ( 1 ) of Regulation
                                                                            No 1612/68 ('), Article 7 of Regulation No 1251 /70 ( 2 ),
                                                                            Article 7 of Directive 75/34/EEC ( 3 ), and Article 3 of
The applicant claims that the Court should :                                Regulation No 1408/71 ( 4 );
1 . declare that, by requiring general agents to have their            2 . order the Hellenic Republic to pay the costs .
    registered office ( in the case of legal persons ) or their
    residence ( in the case of natural persons ) in
    Luxembourg, and by requiring directors, general agents,            Pleas in law and main arguments adduced in support:
    inspectors, representatives and brokers, and any other
    person carrying on insurance operations, to reside in              Article 7 ( 2 ) of Regulation No 1612/68 , applying Article 48
    Luxembourg, the Grand Duchy of Luxembourg has                      of the Treaty, provides that Community workers are to
    failed to fulfil its obligations under Article 59 of the EC        enjoy the same social and tax advantages as national
    Treaty;
                                                                       workers and , according to the settled case-law of the Court,
                                                                       that provision may not be interpreted restrictively . The
                                                                       Commission is of the opinion that the recognition of
2 . order the Grand Duchy of Luxembourg to pay the
    costs .
                                                                       large-family status and the grant of the benefits and family
                                                                       supplements referred to above to large families constitute
                                                                       Community advantages within the meaning of that article .
Pleas in law and main arguments adduced in support:                    Moreover, no rule of demographic policy can justify
                                                                       measures discriminating against Community nationals who
The restriction on freedom to provide insurance services               reside and work in Greece .
which is imposed by the legislation referred to on account of
the fact that a supplier of those services is established in a         (')  OJ , English Special Edition 1968 ( II ), p. 475 .
Member State other than the one in which the service is                (2)  OJ , English Special Edition 1970 ( II ), p. 402 .
provided is manifestly contrary to Article 59 of the EC                (■') OJ No L 14 , 1975 ,  p . 10 .
Treaty, since it makes it impossible for nationals of Member           (4 ) OJ , English Special Edition 1971 ( II ), p. 416 .
States established in a Community country other than
Luxembourg to carry on their activities by providing
services in Luxembourg.
                                                                       Reference for a preliminary ruling by the Pretura
                                                                       Circondariale di Roma, Tivoli Division, by orders of that
                                                                       court of 21 February and 15 May 1996 in the criminal
                                                                       proceedings pending before that court against Mario
Action brought on 3 June 1996 by the Commission of the                                     Modesti and Lahlou Hassan
   European Communities against the Hellenic Republic                                   ( Cases C-191 /96 and C-196/96 )
                         ( Case C-185 /96 )
                                                                                                  ( 96/C 247/07 )
                           ( 96/C 247/06 )
                                                                       Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought before             European Communities by orders of the Pretura
the Court of Justice on 3 June 1996 by the Commission of               Circondariale di Roma ( District Magistrates ' Court, Rome ),
the European Communities, represented by Maria Patakia ,               Tivoli Division , of 21 February 1996 and 15 May 1996 ,
of the Commission 's Legal Service, with an address for                which were received at the Court Registry on 3 June and
service in Luxembourg at the office of Carlos Gomez de la              10 June 1996 , for a preliminary ruling in the criminal
Cruz, also of the Commission's Legal Service, Wagner                   proceedings pending before that court against Mario
Centre , Kirchberg .                                                   Modesti and Lahlou Hassan .