CELEX: C1996/016/03
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT of 9 November 1995 in Case C-466/93 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main): Atlanta Fruchthandelsgesellschaft mbH and Others v. Bundesamt für Ernährung und Forstwirtschaft (Bananas - Common organization of the market - Import regime - Assessment of validity)

No C 16/2               EN                   Official Journal of the European Communities                                  20 . 1 . 96
2 , such interim relief can be ordered by the national court            of the grounds of the order for reference, has disclosed no
      only if:                                                          factor of such a kind as to affect their validity.
      — that court entertains serious doubts as to the validity         H OJ No C 76 , 12 . 3 . 1994 .
         of the Community Aft and, if the validity of the
         contested Act is not already in issue before the Court
         of Justice, itself refers the question to the Court of
         Justice;                                                                       JUDGMENT OF THE COURT
                                                                                               of 9 November 1995
      — there is urgency, in that the interim relief is necessary
         to avoid serious and irreparable damage being                  in Case C-475/93 (reference for a preliminary ruling
         caused to the party seeking the relief;                        from the Sozialgericht Speyer): Jean-Louis Thévenon and
                                                                        Stadt Speyer — Sozialamt v. Landesversicherungsanstalt
      — the court takes due account of the Community                                              Rheinland-Pfalz (')
         interest; and
                                                                        (Social security — Article 6 of Regulation (EEC)
      — in its assessment of all those conditions, it respects          No 1408/71 — Replacement by Regulation (EEC)
         any decisions of the Court ofJustice or the Court of           No 1408/71 of social security conventions concluded
         First Instance ruling on the lawfulness of the                                      between Member States)
          Regulation or on an application for interim                                                 ( 96/C 16/04 )
          measures seeking similar interim relief at
          Community level.                                                               (Language of the case: German)
                                                                        (Provisional translation; the definitive translation will be
i 1 ) OJ No C 76 , 12 . 3 . 1994 .
                                                                                   published in the European Court Reports)
                                                                        In Case C-475/93 : reference to the Court under Article 177
                                                                        of the EC Treaty by the Sozialgericht Speyer ( Social Court,
                                                                        Speyer ) ( Germany) for a preliminary ruling in the
               JUDGMENT OF THE COURT                                    proceedings pending before that court between Jean-Louis
                       of 9 November 1995                               Thévenon and Stadt Speyer — Sozialamt ( Social Assistance
in Case C-466/93 (reference for a preliminary ruling from               Office of the City of Speyer ) of the one part
the Verwaltungsgericht Frankfurt am Main): Atlanta                      and the Landesversicherungsanstalt Rheinland-Pfalz
Fruchthandelsgesellschaft mbH and Others v. Bundesamt                   ( Rhineland-Palatinate Regional Insurance Office ) of the
             für Ernährung und Forstwirtschaft (')                      other part on the interpretation of Council Regulation
                                                                        ( EEC ) No 1408/71 of 14 June 1971 on the application of
 (Bananas — Common organization ofthe market — Import                   social security schemes to employed persons, to
               regime — Assessment of validity)                         self-employed persons and to members of their families
                             ( 96/ C 16/03 )                            moving within the Community, as amended and updated by
                                                                        Council Regulation ( EEC ) No 2001/83 of 2 June 1983 ( OJ
                (Language of the case: German)                          No L 230, p . 6 ), and of Articles 48 ( 2 ) and 51 of the EC
                                                                        Treaty — the Court, composed of: G. C. Rodriguez Iglesias,
 (Provisional translation; the definitive translation will be           President, C. N. Kakouris and G. Hirsch ( Presidents of
          published in the European Court Reports)                       Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.
                                                                        Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann
In Case C-466/93 : reference to the Court under Article 1-77             ( Rapporteur), J. L. Murray, P. Jann and H. Ragnemalm,
of the EC Treaty from the Verwaltungsgericht                            Judges; Advocate-General: G. Cosmas; Registrar: D.
 ( Administrative Court ) Frankfurt am Main for a                        Louterman-Hubeau, Principal Administrator, has given a
preliminary ruling in the proceedings pending before that                judgment on 9 November 1995 , in which it rules:
court between Atlanta Fruchthandelsgesellschaft mbH and
 Others and Bundesamt für Ernàhrung und Forstwirtschaft                 Articles 48 (2) and SI of the EC Treaty must be interpreted
— on the validity of Title IV and Article 21 ( 2 ) of Council            as meaning that they do not preclude the replacement by
 Regulation ( EEC ) No 404/93 of 13 February 1993 on the                 Council Regulation (EEC) No 1408/71 of 14 June 1971 on
 common organization of the market in bananas ( OJ No                    the application of social security schemes to employed
 L 47, p. 1 ) — the Court, composed of: G. C. Rodriguez                  persons, to self-employed persons and to members of their
 Iglesias, President, C. N. Kakouris, D. A. O. Edward, J.-P.             families moving within the Community, as amended and
 Puissochet and G. Hirsch ( Presidents of Chambers ), G. F.              updated by Council Regulation (EEC) No 2001 /83 of
 Mancini, F. A. Schockweiler ( Rapporteur), J. C. Moitinho               2 June 1983, pursuant to Article 6 thereof, of a convention
 de Almeida, P. J. G. Kapteyn, C. Gulmann, J. L. Murray, P.              binding two Member States exclusively where, prior to the
Jann and H. Ragnemalm, Judges; M. B. Elmer,                              entry into force of Regulation (EEC) No 1408/71 , an
 Advocate-General; H. A. Rühl, Principal Administrator, for              insured person completed insurance periods in only one of
 the Registrar, has given a judgment on 9 November 1995 , in             the signatory States, even where the application of the
 which it rules :                                                        bilateral social security convention would have placed that
                                                                         insured person in a more favourable position.
 Consideration of Title IV and Article 21 (2) of Council
 Regulation (EEC) No 404/93 of 13 February 1993 on the                    f 1 ) OJ No C 43 , 12 . 2 . 1994 .
 common organization of the market in bananas, in the light