CELEX: C1996/077/16
Language: en
Date: 1996-03-16 00:00:00
Title: Reference for a preliminary ruling by the Tribunal du Travail, Nivelles, by judgment of that court of 16 January 1996 in the case of Vito Casano v. (1) Institut National d'Assurance Maladie Invalidité and (2) Union Nationale des Mutualités Libres (Case C-19/96)

No C 77/8                 EN                  Official Journal of the European Communities                                           16 . 3 . 96
       the constituents referred to in paragraph 1 ( a ) of              Travail ( Labour Court ), Nivelles, of 16 January 1996 ,
       Section I of Annex I ( for example, in the case of water          which was received at the Court Registry on 22 January
       with a low sodium content)?                                       1996, for a preliminary ruling in the case of Vito Casano
                                                                         against ( 1 ) Institut National d'Assurance Maladie Invalidite
3 . How are the expressions 'properties favourable to                    and ( 2 ) Union Nationale des Mutualites Libres on the
       health' in paragraph 2 of Section I of Annex I and                following questions:
       'certain effects' in paragraph 1 ( a ) of Section I ( see also
       point 1.4.1 of Section II of Annex I ) to be differentiated
       from one another ?                                                1 . Where an authority in a Member State does not comply
                                                                             with Article 51 of Council Regulation ( EEC )
(') OJ No L 229, 1980, p. 1 .                                                No 1408/71 on the application of social security
                                                                             schemes to employed persons, to self-employed persons
                                                                             and to members of their families moving within the
                                                                             Community ( ] ), is the adjustment to the entitlement of
                                                                             the invalid worker affected to take effect from the date
Action brought on 19 January 1996 by the Commission of                       on which the invalidity benefit first became payable or
the European Communities against the Kingdom of                              from the date falling two years prior to the worker's
                                Belgium                                      application for rectification, as laid down by the
                                                                             national legislation of the Member State concerned, in
                           ( Case C- 18/96 )
                                                                             this case, Article 106 of the Law of 9 August 1963
                             ( 96/C 77/ 15 )                                 setting up and organizing a scheme for compulsory
                                                                             insurance against sickness and invalidity ?
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
19 January 1996 by the Commission of the European                        2 . Is it for the national legislation of each Member State to
Communities, representend by Hendrik van Lier and                            determine the limitation period applicable to claims by
Jean-Francis Pasquier, acting as Agents, with an address for                 migrant workers for invalidity pensions ?
service in Luxembourg at the office of Carlos Gomez de la
Cruz, of its Legal Service, Wagner Centre, Kirchberg.                    (') OJ, English Special Edition 1971(11 ), p. 416 .
The Commission of the European Communities claims that
the Court should :
— declare that, by failing to adopt within the prescribed
      period the laws, regulations or administrative provisions
      necessary to comply with Council Directive
      91/338/EEC ( 1 ) of 18 June 1991 relating to restrictions          Reference for a preliminary ruling by the Social Security
      on the marketing and use of certain dangerous
                                                                         Commissioner, by decision of 17 January 1996, in the case
      substances and preparations, the Kingdom of Belgium                 of Kelvin Albert Snares against the Adjudication Officer
      has failed to fulfil its obligations under the Treaty,
                                                                                                  ( Case C-20/96 )
— order the Kingdom of Belgium to pay the costs.                                                    ( 96/C 77/ 17
Pleas in law and main arguments:
                                                                         Reference has been made to the Court of Justice of the
The pleas in law and main arguments are analogous to those               European Communities by a decision of the Social Security
in Case C-5/96 (2); the time limit for transposition expired             Commissioner of 17 January 1996 , which was received at
on 31 December 1992 .                                                    the Court Registry on 22 January 1996 , for a preliminary
                                                                         ruling in the case of Kelvin Albert Snares against the
O OJ No L 186 , 12 . 7. 1991 , p . 59 .                                  Adjudication Officer, on the following questions:
( 2 ) See Case C-5/96 above .
                                                                         1 . Is the effect of the terms of Articles 4 ( 2 ) ( a ) and 10 ( a ) of
                                                                             Council Regulation ( EEC ) No 1408/71 of 14 June 1971
                                                                             on the application of social security schemes to
Reference for a preliminary ruling by the Tribunal du                        employed persons and their families moving within the
Travail, Nivelles, by judgment of that court of 16 January                   Community (*), as inserted by Regulation ( EEC ) No
1996 in the case of Vito Casano v. ( 1 ) Institut National                   1247/92 ( 2 ) with effect from 1 June 1992 , to remove
d'Assurance Maladie Invalidite and ( 2 ) Union Nationale des                 from the scope of Article 4 ( 1 ) of Regulation ( EEC ) No
                          Mutualites Libres                                  1408/71 a benefit which prior to 1 June 1992 would
                                                                             have been accepted, in the case of a person who by
                           ( Case C- 19/96 )                                 reason of previous occupational activity was or had
                               96/C 77/16                                    been covered by the social security legislation of the
                                                                             relevant Member State, as falling within the scope of
Reference has been made to the Court of Justice of the                       Article 4(1 ), with the consequence that a person who
European Communities by judgment of the Tribunal du                          after 1 June 1992 becomes entitled to such a benefit