CELEX: C1998/258/10
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 11 June 1998 in Case C-297/96 (reference for a preliminary ruling from the Social Security Commissioner): Vera A. Partridge v Adjudication Officer (Social security - Special non-contributory benefits - Articles 4(2a), 5 and 10a of and Annex VI to Regulation (EEC) No 1408/71 - Attendance allowance - Non-exportability)

C 258/6               EN                Official Journal of the European Communities                                      15.8.98
2. Article 13(2)(f) of Regulation No 1408/71, as inserted          P. LeÂger, Advocate General; R. Grass, Registrar, has given
    by Council Regulation (EEC) No 2195/91 of 25 June              a judgment on 11 June 1998, in which it has ruled:
    1991, does not preclude the legislation of a Member
    State from making the right of a person who has
    ceased all occupational activity in its territory to
    remain subject to its legislation dependent on his             On a proper construction of Article 10a of Council
    continued residence there.                                     Regulation (EEC) No 1408/71 of 14 June 1971 on the
                                                                   application of social security schemes to employed
                                                                   persons, to self-employed persons and to members of their
                                                                   families moving within the Community, as amended and
3. Regulation No 1408/71 does not preclude the                     updated by Council Regulation (EEC) No 2001/83 of
    legislation of a Member State from providing that a            2 June 1983, as subsequently amended by Council
    person who has ceased all occupational activity in its         Regulation (EEC) No 1247/92 of 30 April 1992, read in
    territory loses the right to continue to receive family        conjunction with Annex IIa, attendance allowance falls
    benefits paid under that legislation on the ground that        within the scope of that provision and is therefore a
    he has transferred his residence to another Member             special non-contributory benefit within the meaning of
    State where he lives with the members of his family.           Article 4(2a) of that regulation, with the result that the
                                                                   position of a person, such as the applicant in the main
                                                                   proceedings, who satisfied the conditions for the award of
(1) OJ C 294 of 5.10.1996.                                         that benefit after 1 June 1992 when Regulation (EEC)
                                                                   No 1247/92 entered into force, is governed exclusively by
                                                                   the system of coordination established by the said
                                                                   Article 10a.
                                                                   (1) OJ C 318 of 26.10.1996.
              JUDGMENT OF THE COURT
                       (Third Chamber)
                        of 11 June 1998
in Case C-297/96 (reference for a preliminary ruling from                         JUDGMENT OF THE COURT
the Social Security Commissioner): Vera A. Partridge v
                                                                                          (Fifth Chamber)
                   Adjudication Officer (1)
                                                                                          of 11 June 1998
(Social security Ð Special non-contributory benefits Ð
Articles 4(2a), 5 and 10a of and Annex VI to Regulation            in Case C-361/96 (reference for a preliminary ruling from
(EEC) No 1408/71 Ð Attendance allowance Ð Non-                     the Finanzgericht Köln): SocieÂteÂ GeÂneÂrale des Grandes
                         exportability)                            Sources d'Eaux MineÂrales FrancËaises v Bundesamt für
                                                                                            Finanzen (1)
                         (98/C 258/10)
                                                                   (Value added tax Ð Interpretation of Article 3(a) of the
                                                                   Eighth Council Directive 79/1072/EEC Ð Obligation of
                                                                   tax-payers not established in the country concerned to
               (Language of the case: English)                     Annex the original invoices or import documents to
                                                                   applications for a refund of the tax Ð Possibility of
                                                                   annexing a duplicate where the original has been lost for
                                                                           reasons beyond the control of the tax-payer)
In Case C-297/96: reference to the Court under Article 177
of the EC Treaty by the Social Security Commissioner                                       (98/C 258/11)
(United Kingdom) for a preliminary ruling in the
proceedings pending before him between Vera A. Partridge
and the Adjudication Officer Ð on the interpretation of
                                                                                  (Language of the case: German)
Council Regulation (EEC) No 1408/71 of 14 June 1971
on the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended and
updated by Council Regulation (EEC) No 2001/83 of                    (Provisional translation; the definitive translation will be
2 June 1983 (OJ L 230 of 22.8.1983, p. 6), as                                published in the European Court Reports)
subsequently amended by Council Regulation (EEC)
No 1247/92 of 30 April 1992 (OJ L 136 of 19.5.1992,
p. 1) Ð the Court (Third Chamber), composed of:
C. Gulmann, President of the Chamber, J. C. Moitinho               In Case C-361/96: reference to the Court under Article 177
de Almeida (Rapporteur), and J.-P. Puissochet, Judges;             of the EC Treaty from the Finanzgericht Köln (Finance