CELEX: C1996/294/13
Language: en
Date: 1996-10-05 00:00:00
Title: References for a preliminary ruling by the Pretura Circondariale di Bolzano, Silandro Division, by orders of that court of 2 August 1996 in the criminal proceedings pending before that court against Horst Otto Bickel and Ulrich Franz (Cases C-274/96a and C-274/96)

5 . 10 . 96             EN                 Official Journal of the European Communities                                    No C 294/7
goods under subheading 30 of the Common Customs Tariff                 criminal proceedings against him should take place in
or another subheading ?                                                another language where nationals of that State in the same
                                                                       circumstances enjoy such a right ?
 (') OJ No L 94 , 9 . 4 . 1986 , p . 9 .
Reference for a preliminary ruling by the Pretura                      Reference for a preliminary ruling from the Kammarrätten i
Circondariale di Roma, Sezione Distaccata di Tivoli by                 Sundsvall, by order of that court of 6 August 1996 in the
orders of that court of 3 July 1996 in criminal proceedings                  case of Anne Kuusijärvi v. Riksförsäkringsverket
pending before it against Antonio Nardi , Alfredo Cipriani                                         Case C-275 /96 )
                   and Bartolomeo Terranova
                                                                                                    ( 96/C 294/14 )
          ( Cases C-271 /96, C-272/96 and C-273/96 )
                             96/C 294/ 12
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Kammarätten i
Reference has been made to the Court of Justice of the                 Sundsvall ( Administrative Court of Appeal, Sundsvall ), of
European Communities by orders of the Pretura                          6 August 1996 , which was received at the Court Registry on
Circondariale di Roma, Sezione Distaccata di Tivoli ( Rome             14 August 1996 , for a preliminary ruling in the case of Anne
District Magistrate's Court, Tivoli Division ) of 3 July 1996 ,        Kuusijärvi v. Riksförsäkringsverket on the following
which were received at the Court Registry on 12 August                 questions :
 1996 , for a preliminary ruling in criminal proceedings
pending before it against Antonio Nardi , Alfredo Cipriani
and Bartolomeo Terranova .                                             1 . Does Regulation ( EEC ) No 1408/71 (') apply at all to a
                                                                            person who, before the Regulation became applicable in
                                                                            Sweden, moved from Finland to Sweden and took up
The questions referred by the Pretura Circondariale di                      employment here, but who was not in employment in
Roma , Sezione Distaccata di Tivoli to the Court of Justice                 Sweden when the Regulation came into force in Sweden
for a preliminary ruling are identical with those in Case                   and did not come here as an unemployed person after
C-58/95 (1).                                                                the Regulation became applicable in Sweden, but only
                                                                            stayed here at that time as an unemployed person after a
(') OJ No C 119 , 13 . 5 . 1995 , p . 6 .                                   previous period of employment and then drew Swedish
                                                                            unemployment benefit. That is to say, can a person in
                                                                            that situation claim that, after 1 January 1994, on the
                                                                            basis of Regulation ( EEC ) No 1408/71 , he or she is
                                                                            covered by Swedish legislation as regards entitlement to
                                                                            Swedish social security benefits in the form of parental
                                                                            benefit ?
References for a preliminary ruling by the Pretura
Circondariale di Bolzano, Silandro Division, by orders of
that court of 2 August 1996 in the criminal proceedings                If that question is answered in the affirmative, the following
pending before that court against Horst Otto Bickel and                questions also need to be answered :
                             Ulrich Franz
                (Cases C-274/96a and C-274/96 )                        2 . Is Article 13 ( 2 ) ( f) of Regulation ( EEC ) No 1408/71 , in
                           ( 96/C 294/ 13                                   conjunction with Article 10 ( b ) of Regulation
                                                                            No 574/72 ( 2 ), to be understood as meaning that a
Reference has been made to the Court of Justice of the                      Member State is not precluded from introducing a
European Communities by orders of the Pretura                               condition of residence in its territory in order for a
Circondariale ( District Magistrates ' Court ), Bolzano,                    person who has ceased working there to remain covered
Silandro Division, of 2 August 1996 , which was received at                 by that country's legislation as regards cash maternity
                                                                            benefits ?
the Court Registry on 12 August 1996 , for a preliminary
ruling in the criminal proceedings pending before that court
against Horst Otto Bickel and Ulrich Franz on the following            3 . Is Article 22 of Regulation ( EEC ) No 1408/71 to be
question :                                                                  understood as meaning that, if a person begins to draw
                                                                            cash maternity benefits in a competent State, that person
Do the principles of non-discrimination within the meaning                  retains entitlement, on the conditions applying
of the first paragraph of Article 6 , the right of citizens of the          according to that Article , to those cash benefits when
Union to move and reside within the meaning of Article 8a                   moving to another Member State only on condition that
and the freedom to provide services within the meaning of                   the person concerned fulfils all the provisions of the
Article 59 of the Treaty mean that a citizen of the Union who               legislation applied by the competent country, that is to
is a national of a Member State and resides in another                      say including the requirement, laid down in those
Member State must be granted the right to require that                      provisions , that the person concerned must be resident