CELEX: C2001/028/08
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 November 2000 in Case C-75/99 (reference for a preliminary ruling from the Bundessozialgericht): Edmund Thelen v Bundesanstalt für Arbeit (Social security — Articles 6 and 7 of Regulation (EEC) No 1408/71 — Applicability of a convention between Member States on unemployment insurance)

27.1.2001                 EN                        Official Journal of the European Communities                                                C 28/5
1.    It does not require that a jurisdiction clause be formulated in          Council of 14 June 1971 on the application of social security
      such a way that the competent court can be determined on its             schemes to employed persons, to self-employed persons and
      wording alone. It is sufficient that the clause state the objective      to members of their families moving within the Community,
      factors on the basis of which the parties have agreed to choose          as amended and updated by Council Regulation (EEC)
      a court or the courts to which they wish to submit disputes              No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6) and
      which have arisen or which may arise between them. Those                 amended by Council Regulation (EEC) No 2332/89 of 18 July
      factors, which must be sufficiently precise to enable the court          1989 (OJ 1989 L 224, p. 1) — the Court (Sixth Chamber),
      seised to ascertain whether it has jurisdiction, may, where              composed of: C. Gulmann, President of the Chamber,
      appropriate, be determined by the particular circumstances of            V. Skouris, J.-P. Puissochet (Rapporteur), R. Schintgen and
      the case.                                                                F. Macken, Judges; J. Mischo, Advocate General; R. Grass,
                                                                               Registrar, has given a judgment on 9 November 2000, in
2.    It applies only if, first, at least one of the parties to the original   which it has ruled:
      contract is domiciled in a Contracting State and, secondly, the
      parties agree to submit any disputes before a court or the courts        Articles 6 and 7 of Regulation (EEC) No 1408/71 of the Council
      of a Contracting State.                                                  of 14 June 1971 on the application of social security schemes to
                                                                               employed persons, to self-employed persons and to members of their
3.    A jurisdiction clause agreed between a carrier and a shipper             families moving within the Community, as amended and updated by
      which appears in a bill of lading is enforceable against a third         Council Regulation (EEC) No 2001/83 of 2 June 1983 and
      party bearer of the bill of lading if he succeeded to the rights         amended by Council Regulation (EEC) No 2332/89 of 18 July
      and obligations of the shipper under the applicable national             1989, do not preclude application of provisions of an inter-State
      law when he acquired the bill of lading. If he did not, it must          convention on unemployment insurance which are more advantageous
      be ascertained whether he accepted that clause having regard to          for the insured, provided that the latter exercised his right to freedom
      the requirements laid down in the first paragraph of Article 17          of movement before the date of entry into force of that regulation,
      of the Convention, as amended.                                           even if, as a result of the reference period prescribed by the national
                                                                               legislation applicable to determination of the insured’s entitlement, it
(1) OJ C 397 of 19.12.1998.                                                    is not possible for him to claim a right to benefits based entirely on
                                                                               the period prior to that date.
                                                                               (1) OJ C 121 of 1.5.1999.
                  JUDGMENT OF THE COURT
                            (Sixth Chamber)
                                                                                                 JUDGMENT OF THE COURT
                        of 9 November 2000
                                                                                                          (Fifth Chamber)
in Case C-75/99 (reference for a preliminary ruling from
the Bundessozialgericht): Edmund Thelen v Bundesanstalt                                                of 9 November 2000
                               für Arbeit (1)
                                                                               in Case C-126/99 (reference for a preliminary ruling
(Social security — Articles 6 and 7 of Regulation (EEC)                        from the Pretore di Torino): Roberto Vitari v European
No 1408/71 — Applicability of a convention between                                                    Training Foundation (1)
          Member States on unemployment insurance)
                                                                               (Local staff — Article 79 of the Conditions of Employment
                             (2001/C 28/08)                                    of other Servants — Fixed-term contract of employment —
                                                                               Conversion into contract for an indefinite period — Whether
                                                                                             or not national legislation applicable)
                    (Language of the case: German)
                                                                                                           (2001/C 28/09)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                  (Language of the case: Italian)
In Case C-75/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Bundessozialge-                    (Provisional translation; the definitive translation will be published
richt (Federal Social Court), Germany, for a preliminary ruling                                    in the European Court Reports)
in the proceedings pending before that court between Edmund
Thelen and Bundesanstalt für Arbeit — on the interpretation                    In Case C-126/99: reference to the Court under Article 177 of
of Articles 6 and 7 of Regulation (EEC) No 1408/71 of the                      the EC Treaty (now Article 234 EC) from the Pretore di Torino