CELEX: C1996/031/07
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 23 November 1995 in Case C-476/93 P: Nutral SpA v. Commission of the European Communities (Appeal - Action for annulment of measures - Admissibility)

No C 31 /4             EN |               Official Journal of the European Communities                                       3 . 2 . 96
Arbeit ( Federal Labour Office ) — on the interpretation of          other party to the proceedings being the Commission of the
Article 1 ( 1 ) of Council Regulation ( EEC ) No 3427/89 of          European Communities ( Agents : Eugenio de March and
30 October 1989 amending Regulation ( EEC ) No 1408/71               Alberto Dal Ferro ) — the Court ( Third Chamber ),
on the application of social security schemes to employed            composed of J. -P. Puissochet ( Rapporteur ), President of the
persons, to self-employed persons and to members of their            Chamber, J. C. Moitinho de Almeida and C. Gulmann,
families moving within the Community and Regulation                  Judges; D. Ruiz-Jarabo Colomer, Advocate General ;
( EEC ) No 574/72 laying down the procedure for                      R. Grass, Registrar, has given a judgment on 23 November
implementing Regulation ( EEC ) No 1408/71 ( OJ 1989 No              1995 , in which it:
L 331 , p. 1 ) — the Court ( Sixth Chamber ), composed of
C. N. Kakouris, President of the Chamber, G. Hirsch ,                1 . dismisses the appeal;
G. F. Mancini, F. A. Schockweiler and J. L. Murray
( Rapporteur ), Judges; P. Leger, Advocate General ; H. A.           2 . orders the appellant to pay the costs.
Rühl, Principal Administrator, for the Registrar , has given a
judgment on 23 November 1995 , in which it rules :
                                                                     (') OJ No C 43 , 12 . 2 . 1994 .
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 by
Council Regulation (EEC) No 2001 /83 of 2 June 1983 , and                          JUDGMENT OF THE COURT
as subsequently amending Regulation (EEC) No 3427/89 of                                  of 30 November 1995
30 October 1989 amending Regulation (EEC) No 1408/71
on the application of social security schemes to employed            in Case C-55/94 ( reference for a preliminary ruling from
persons, to self-employed persons and to members of their            the Consiglio Nazionale Forense ): Reinhard Gebhard v.
families moving within the Community and Regulation                  Consiglio dell'Ordine degli Avvocati e Procuratori di
(EEC) No 574/72 laying down the procedure for                                                     Milano ( 1 )
implementing Regulation (EEC) No 1408/71 , does not                  (Directive 77/249/EEC — Freedom to provide services —
prevent a national provision limiting the retroactive effect of      Lawyers — Possibility of opening chambers — Articles 52
applications for family benefits to a period of six months                             and 59 of the EC Treaty)
from being applied to an application by a Spanish national                                      ( 96/C 31 /08 )
for payment as from IS January 1986 of family benefits in
respect of the members of his family resident in Spain.
                                                                                     (Language of the case: Italian)
(>) OJ No C 263 , 29 . 9 . 1993 .
                                                                     (Provisional translation• the definitive translation will be
                                                                              published in the European Courts Report)
                                                                     In Case C-55/94 : reference to the Court under Article 1 77 of
                                                                     the EC Treaty from the Consiglio Nazionale Forense
               JUDGMENT OF THE COURT                                 ( National Council of the Bar ), Italy, for a preliminary ruling
                        (Third Chamber )                             in the proceedings pending before that court between
                                                                     Reinhard Gebhard and Consiglio dell'Ordine degli Avvocati
                     of 23 November 1995                             e Procuratori di Milano — on the interpretation of Council
in Case C-476/93 P: Nutral SpA v. Commission of the                  Directive 77/249/EEC of 22 March 1977 to facilitate the
                   European Communities (')                          effective exercise by lawyers of freedom to provide services
      (Appeal — Action for annulment of measures —                   ( OJ 1977, No L 78 , p. 17 ) — the Court, composed of G. C.
                          Admissibility)                             Rodriguez Iglesias , President, C. N. Kakouris , D. A. O.
                                                                     Edward ( Rapporteur ) and G. Hirsch ( Presidents of
                           ( 96/C 31 /07                             Chambers ), G. F. Mancini , F. A. Schockweiler, J. C.
                                                                     Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann , J. L.
                 (Language of the case: Italian)                     Murray, P. Jann, H. Ragnemalm and L. Sevòn, Judges;
                                                                     P. Leger, Advocate General ; H. A. Rühl , Principal
(Provisional translation; the definitive translation will be         Administrator, for the Registrar, has given a judgment on
          published in the European Courts Report)                   30 November 1995 , in which it rules :
In Case C-476/93 P : Nutral SpA, established at                       1 . The temporary nature of the provision of services,
Casalbuttano, Cremona ( Italy ), represented by Emilio                    envisaged in the third paragraph of Article 60 of the EC
Cappelli and Paolo de Caterini, of the Rome Bar, and Mario                Treaty, is to be determined in the light of its duration,
de Bellis , of the Mantua Bar, with an address for service in             regularity, periodicity and continuity.
Luxembourg at the Chambers of Charles Turk, 1 3b Avenue
 Guillaume — appeal against the order of the Court of First           2 . The provider of services, within the meaning of the
Instance of the European Communities of 21 October 1993                   Treaty, may equip himselfin the host Member State with
in Cases T-492/93 and T-492/93 R Nutral v. Commission                     the infrastructure necessary for the purposes of
 [ 1993 ] ECR 11-1023 , seeking to have that order set aside, the         performing the services in question.