CELEX: C1999/204/03
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court of 20 April 1999 in Case C-360/97 (reference for a preliminary ruling from the Centrale Raad van Beroep): Herman Nijhuis v Bestuur van het Landelijk Instituut Sociale Verzekeringen (Social security - Incapacity for work - Special scheme for civil servants - Point 4(a) of Section J of Annex VI to Regulation (EEC) No 1408/71 - Articles 48 and 51 of the EC Treaty)

C 204/2                 EN                     Official Journal of the European Communities                                          17.7.1999
preliminary ruling in the criminal proceedings brought before                  court as against the national authorities, rendering inapplicable
that court by Försäkringsaktiebolaget Skandia (publ) — on the                  any contrary rule of national law.
interpretation of Article 18(1) of the First Council Directive
(73/239/EEC) of 24 July 1973 on the coordination of laws,
regulations and administrative provisions relating to the                 (1) OJ C 252 of 16.8.1997.
taking-up and pursuit of the business of direct insurance other
than life assurance (OJ 1973 L 228, p. 3), as amended by
Article 26 of Council Directive 92/49/EEC of 18 June 1992
on the coordination of laws, regulations and administrative
provisions relating to direct insurance other than life assurance
and amending Directives 73/239/EEC and 88/357/EEC (Third
Non-life Insurance Directive) (OJ 1992 L 228, p. 1), and of
Article 21(1) of the First Council Directive (79/267/EEC) of
5 March 1979 on the coordination of laws, regulations and
administrative provisions relating to the taking up and pursuit                            JUDGMENT OF THE COURT
of the business of direct life assurance (OJ 1979 L 63, p. 1), as
amended by Article 27 of Council Directive 92/96/EEC of
10 November 1992 on the coordination of laws, regulations                                           of 20 April 1999
and administrative provisions relating to direct life assurance
and amending Directives 79/267/EEC and 90/619/EEC (Third
Life Assurance Directive) (OJ 1992 L 360, p. 1) — the                     in Case C-360/97 (reference for a preliminary ruling from
Court, composed of: G.C. Rodrı́guez Iglesias, President, J.-P.            the Centrale Raad van Beroep): Herman Nijhuis v Bestuur
Puissochet, G. Hirsch and P. Jann, Presidents of Chambers, J.C.               van het Landelijk Instituut Sociale Verzekeringen (1)
Moitinho de Almeida (Rapporteur), C. Gulmann, J.L. Murray,
D.A.O. Edward, H. Ragnemalm, L. Sevón and M. Wathelet,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; H. von                  (Social security — Incapacity for work — Special scheme for
Holstein, Assistant Registrar, has given a judgment on 20 April           civil servants — Point 4(a) of Section J of Annex VI to
1999, in which it has ruled:                                              Regulation (EEC) No 1408/71 — Articles 48 and 51 of the
                                                                                                       EC Treaty)
                                                                                                    (1999/C 204/03)
1. On a proper construction of Article 18(1) of the First Council                             (Language of the case: Dutch)
    Directive (73/239/EEC) of 24 July 1973 on the coordination
    of laws, regulations and administrative provisions relating to the
    taking-up and pursuit of the business of direct insurance other
    than life assurance, as amended by Article 26 of Council              (Provisional translation; the definitive translation will be published
    Directive 92/49/EEC of 18 June 1992 on the coordination of                               in the European Court Reports)
    laws, regulations and administrative provisions relating to direct
    insurance other than life assurance and amending Directives
    73/239/EEC and 88/357/EEC (Third Non-life Insurance                   In Case C-360/97: reference to the Court under Article 177 of
    Directive), and of Article 21(1) of the First Council Directive       the EC Treaty from the Centrale Raad van Beroep (Higher
    (79/267/EEC) of 5 March 1979 on the coordination of                   Social Security Court) (Netherlands) for a preliminary ruling in
                                                                          the proceedings pending before that court between Herman
    laws, regulations and administrative provisions relating to the
                                                                          Nijhuis and Bestuur van het Landelijk Instituut Sociale Verze-
    taking-up and pursuit of the business of direct life assurance, as
                                                                          keringen — on the interpretation of Point 4(a) of Section J of
    amended by Article 27 of Council Directive 92/96/EEC of 10            Annex VI to Council Regulation (EEC) No 1408/71 of
    November 1992 on the coordination of laws, regulations and            14 June 1971 on the application of social security schemes to
    administrative provisions relating to direct life assurance and       employed persons, to self-employed persons and to members
    amending Directives 79/267/EEC and 90/619/EEC (Third Life             of their families moving within the Community, and of Point
    Assurance Directive), a rule of national law may not prohibit         2(b) of Section J of Annex 2 to Council Regulation (EEC)
    insurance undertakings from holding, as their free assets, shares     No 574/72 of 21 March 1972 laying down the procedure for
    representing more than 5 % of all the voting rights in a domestic     implementing Regulation No 1408/71, as amended and
    or foreign public limited company without administrative author-      updated by Council Regulation (EEC) No 2001/83 of 2 June
    isation.                                                              1983 (OJ 1983 L 230, p. 6), as adapted by Annex I, Part VIII,
                                                                          to the Act concerning the Conditions of Accession of the
                                                                          Kingdom of Spain and the Portuguese Republic and the
                                                                          Adjustments to the Treaties (OJ 1985 L 302, p. 23) — the
                                                                          Court, composed of: G.C. Rodrı́guez Iglesias, President, P.J.G.
                                                                          Kapteyn, J.-P. Puissochet and G. Hirsch (Presidents of
                                                                          Chambers), G.F. Mancini, J.C. Moitinho de Almeida, C. Gul-
2. Article 18(1) of Directive 73/239, as amended by Article 26 of         mann, L. Sevón and M. Wathelet (Rapporteur), Judges; G. Cos-
    Directive 92/49, and Article 21(1) of Directive 79/267, as            mas, Advocate General; H.A. Rühl, Principal Administrator,
    amended by Article 27 of Directive 92/96, are sufficiently            for the Registrar, has given a judgment on 20 April 1999, in
    precise and unconditional to be relied upon before the national       which it has ruled:
 ---pagebreak--- 17.7.1999               EN                      Official Journal of the European Communities                                        C 204/3
Point 4(a) of Section J of Annex VI to Council Regulation (EEC)            1. Dismisses the application;
No 1408/71 of 14 June 1971 on the application of social security
schemes to employed persons, to self-employed persons and to               2. Orders the Kingdom of the Netherlands to pay the costs.
members of their families moving within the Community, as amended
and updated by Council Regulation (EEC) No 2001/83 of 2 June
1983, as adapted by Annex I, Part VIII, to the Act concerning the
Conditions of Accession of the Kingdom of Spain and the Portuguese         (1) OJ C 76 of 12.3.1994.
Republic and the Adjustments to the Treaties, must be interpreted as
not requiring the competent Netherlands institution, to which an
application for a pro rata invalidity benefit has been made by a
worker who has suffered an incapacity for work which arose in
another Member State, to treat the periods of insurance completed by
that worker in the Netherlands after 1 July 1967 under a special
scheme for civil servants as if they were periods of insurance
completed under the Wet op de Arbeidsongeschiktheidsverzekering of
18 February 1966.
                                                                                              JUDGMENT OF THE COURT
(1) OJ C 370 of 6.12.1997.
                                                                                                     (Fifth Chamber)
                                                                                                     of 22 April 1999
                                                                           in Case C-340/96: Commission of the European Communi-
                                                                           ties v United Kingdom of Great Britain and Northern
                                                                                                          Irland (1)
                 JUDGMENT OF THE COURT
                                                                           (Failure to fulfil obligations — Directive 80/778/EEC —
                         (Sixth Chamber)                                   Water intended for human consumption — Rules designed
                                                                               to ensure implementation of water-quality standards)
                         of 22 April 1999
                                                                                                     (1999/C 204/05)
in Case C-28/94 Kingdom of the Netherlands v Com-
          mission of the European Communities (1)
                                                                                                (Language of the case: English)
(EAGGF — Clearance of accounts — 1990 financial year
                             — Butter)
                          (1999/C 204/04)                                  In Case C-340/96: Commission of the European Communities
                                                                           (Agent: Richard B. Wainwright) v United Kingdom of Great
                                                                           Britain and Northern Ireland (Agent: John E. Collins, assisted
                                                                           by Derek Wyatt and Mark Hoskins) — application for a
                    (Language of the case: Dutch)                          declaration that by failing, by the acceptance of undertakings,
                                                                           — to enforce compliance by water companies with the
(Provisional translation; the definitive translation will be published          requirements of Council Directive 80/778/EEC of 15 July
                   in the European Court Reports)                               1980 relating to the quality of water intended for human
                                                                                consumption (OJ 1980 L 229, p. 11) and
In Case C-28/94: Kingdom of the Netherlands (Agents: J.W. de
Zwaan and J.S van den Oosterkamp) v Commission of the                      — by failing thereby, to ensure that the quality of water
European Communities (Agents: T. van Rijn and M. van der                        supplied in several parts of the United Kingdom conforms
Woude) — application for partial annulment of Commission                        to the requirements of that Directive in that maximum
Decision 93/659/EC of 25 November 1993 on the clearance                         admissible concentrations for several parameters in the
of the accounts presented by the Member States in respect of                    Directive are exceeded, the United Kingdom has failed to
the expenditure for 1990 of the European Agricultural Guid-                     fulfil its obligations under the EC Treaty —
ance and Guarantee Fund (EAGGF), Guarantee Section (OJ
1993 L 301, p. 13) — the Court (Sixth Chamber), composed                   the Court (Fifth Chamber) composed of: P. Jann, President of
of P.J.G Kapteyn, President of the Chamber, G. Hirsch,                     the First Chamber, acting as President of the Fifth Chamber,
G.F. Mancini (Rapporteur), H. Ragnemalm and R. Schintgen,                  J.C. Moitinho de Almeida (Rapporteur), C. Gulmann,
Judges; S. Alber, Advocate General; H.A. Rühl Principal                    D.A.O. Edward and L. Sevón, Judges; J. Mischo, Advocate
Administrator, for the Registrar, has given a judgment on 22               General; L. Hewlett, Administrator, for the Registrar, has given
April 1999 in which it:                                                    a judgment on 22 April 1999, in which it: