CELEX: C1998/397/08
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 22 October 1998 in Case C-143/97 (reference for a preliminary ruling from the Cour du Travail, Liège) Office National des Pensions (ONP): v. Francesco Conti (Social security - Articles 12(2), 46(3) and 46(b) of Regulation (EEC) No 1408/71 - Old age and death (insurance) - National rules against overlapping)

19.12.98             EN                Official Journal of the European Communities                                      C 397/5
Schleswig-Holsteinisches Verwaltungsgericht (Germany)                           JUDGMENT OF THE COURT
for a preliminary ruling in the proceedings pending before
                                                                                         (First Chamber)
that court between Hilmar Kellinghusen and Amt für
Land- und Wasserwirtschaft Kiel (joined party:                                         of 22 October 1998
Ministerium für ländliche Räume, Landwirtschaft,
Ernährung und Tourismus des Landes Schleswig-Holstein),           in Case C-143/97 (reference for a preliminary ruling from
and between Ernst-Detlef Ketelsen and Amt für Land- und           the Cour du Travail, LieÁge) Office National des Pensions
Wasserwirtschaft Husum (joined party: Ministerium für                             (ONP): v. Francesco Conti (1)
ländliche Räume, Landwirtschaft, Ernährung und
Tourismus des Landes Schleswig-Holstein) Ð on the                 (Social security Ð Articles 12(2), 46(3) and 46(b) of
interpretation and validity, in Case C-36/97, of                  Regulation (EEC) No 1408/71 Ð Old age and death
Article 15(3) of Council Regulation (EEC) No 1765/92 of                (insurance) Ð National rules against overlapping)
30 June 1992 establishing a support system for producers                                  (98/C 397/08)
of certain arable crops (OJ L 181, 1.7.1992, p. 12) and, in
Case C-37/97, of Article 30(a) of Regulation (EEC)
No 805/68 of the Council of 27 June 1968 on the
                                                                                 (Language of the case: French)
common organisation of the market in beef and veal (OJ,
English Special Edition 1968 (I), p. 187), as amended by
Council Regulation (EEC) No 2066/92 of 30 June 1992
amending Regulation (EEC) No 805/68 and repealing
                                                                    (Provisional translation; the definitive translation will be
Regulation (EEC) No 468/87 laying down general rules
                                                                           published in the European Court Reports)
applying to the special premium for beef producers and
Regulation (EEC) No 1357/80 introducing a system of
premiums for maintaining suckler cows (OJ L 215,
30.7.1992, p. 49) Ð the Court (Sixth Chamber),                    In Case C-143/97: Reference to the Court under
composed of: P. J. G. Kapteyn (Rapporteur), President of          Article 177 of the EC Treaty by the Cour du Travail,
the Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm               LieÁge (Belgium) for a preliminary ruling in the proceedings
and R. Schintgen, Judges; F. G. Jacobs, Advocate-General;         pending before that court between Office National des
H. A. Rühl, Principal Administrator, for the Registrar,           Pensions (ONP) and Francesco Conti Ð application for a
gave a judgment on 22 October 1998, in which it ruled:            preliminary ruling on the interpretation of Articles 12(2),
                                                                  46(3) and 46(b) of Council Regulation (EEC) No 1408/71
                                                                  of 14 June 1971 on the application of social security
                                                                  schemes to employed persons, to self-employed persons
1. Article 15(3) of Council Regulation (EEC) No 1765/             and to members of their families moving within the
    92 of 30 June 1992 establishing a support system for          Community (OJ, English Special Edition 1971(II), p. 416),
    producers of certain arable crops and Article 30(a) of        as amended and updated by Council Regulation (EEC)
    Regulation (EEC) No 805/68 of the Council of 27 June          No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), as
    1968 on the common organisation of the market in              amended by Council Regulation (EEC) No 1248/92 of
    beef and veal, as inserted by Council Regulation              30 April 1992 (OJ L 136, 19.5.1992, p. 7) Ð the Court
    (EEC) No 2066/92 of 30 June 1992 amending                     (First Chamber), composed of: P. Jann, President of the
    Regulation (EEC) No 805/68 and repealing                      Chamber, D. A. O. Edward (Rapporteur) and M.
    Regulation (EEC) No 468/87 laying down general                Wathelet, Judges; M. S. Alber, Advocate-General; L.
    rules applying to the special premium for beef                Hewlett, Administrator, for the Registrar, has given a
    producers and Regulation (EEC) No 1357/80                     judgment on 22 October 1998, in which it has ruled that:
    introducing a system of premiums for maintaining
    suckler cows, prohibit the authorities in the Member
    States from charging applicants administrative fees for       A national rule which provides that the supplement to a
    processing their applications for aid even if the             mineworker's retirement pension is to be reduced by the
    administrative fees fixed by those authorities                amount of a retirement pension which the person
    correspond to the rates which are otherwise usual in          concerned may claim under a scheme of another Member
    national law and those fees are so low that they are          State constitutes a provision for reduction of benefit
    not capable of deterring applicants from applying for         within the meaning of Article 12(2) of Council Regulation
    aid.                                                          (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
2. Consideration of the questions referred has disclosed          moving within the Community, as amended by Council
    no factor of such a kind as to affect the validity of         Regulation (EEC) No 2001/83 of 2 June 1983, and within
    Regulations (EEC) No 1765/92 and Regulation (EEC)             the meaning of Articles 12(2), 46(3) and 46(b) of that
    No 2066/92.                                                   version of Regulation (EEC) No 1408/71, as amended by
                                                                  Council Regulation (EEC) No 1248/92 of 30 April 1992.
(1) OJ C 94, 22.3.1997.
                                                                  (1) OJ C 181, 14.6.1997.