CELEX: C1997/142/01
Language: en
Date: 1997-05-10 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 13 March 1997 in Case C-131/95 (reference for a preliminary ruling from the Nederlandse Raad van State): P. J. Huijbrechts v. Commissie voor de Behandeling van Administratieve Geschillen ingevolge Artikel 41 der Algemene Bijstandswet in de Provincie Noord-Brabant (Social security - Wholly unemployed frontier worker - Unemployment benefits in the competent Member State - Regulation (EEC) No 1408/71)

10 . 5 . 97            EN                 Official Journal of the European Communities                                   No C 142/ 1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  schemes to employed persons, to self-employed persons
                         (Fifth Chamber)                              and to members of their families moving within the
                                                                      Community, as amended and updated by Council
                        of 13 March 1997                              Regulation (EEC) No 2001 /83 of 2 June 1983 relating to
in Case C-131/95 ( reference for a preliminary ruling from            unemployment benefit, and in particular Article 71 (1 )
the Nederlandse Raad van State ): P. J. Huijbrechts v.                (a) (ii), read in conjunction with Article 13, are to be
Commissie voor de Behandeling van Administratieve Ge­                 interpreted as meaning that where, in the State of last
schillen ingevolge Artikel 41 der Algemene Bijstandswet in            employment, the grant of an allowance following on from
                de Provincie Noord-Brabant (M                         an unemployment benefit is made subject to the condition
                                                                      that the frontier worker concerned has received
(Social security — Wholly unemployed frontier worker —                unemployment benefit for a given period, that State is
 Unemployment benefits in the competent Member State —                required to take into account unemployment benefit
                Regulation (EEC) No 1408/71)                          received by that worker in the State in which he resides in
                          ( 97/C 142/01 )
                                                                      accordance with Article 71 (1 ) (a) (ii), as though that
                                                                      benefit had been received in the former State.
                 (Language of the case: Dutch)                        (') OJ No C 159, 24 . 6 . 1995 .
  (Provisional translation; the definitive translation will be
           published in the European Court Reports)
In Case C- 13 1 /95 : reference to the Court under Article 177
of the EC Treaty from the Nederlandse Raad van State                                 JUDGMENT OF THE COURT
( State Council, Netherlands), for a preliminary ruling in                                     ( First Chamber)
the proceedings pending before that court between P. J.
                                                                                             of 13 March 1997
Huijbrechts and Commissie voor de Behandeling van Ad­
ministratieve Geschillen ingevolge Artikel 41 der Algemene            in Case C-358/95 (reference for a preliminary ruling from
Bijstandswet in de Provincie Noord-Brabant — on the                   the Pretura di Pordenone ): Tommaso Morellato v. Unità
interpretation of Article 67 of Council Regulation ( EEC )                     Sanitaria Locale (USL) No 11 , Pordenone (')
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed                (Articles 30 and 36 of the Treaty — Composition of bread
persons and to members of their families moving within                — Maximum moisture content, minimum ash content and
the Community, as amended and updated by Council                                    prohibition of certain ingredients)
Regulation ( EEC ) No 2001/83 of 2 June 1983 ( OJ No                                             ( 97/C 142/02 )
L 230, 22 . 8 . 1983 , p. 6 ), and Article 6 of the EC Treaty
— the Court ( Fifth Chamber ), composed of: J. C.
Moitinho de Almeida , President of the Chamber, D. A. O.                               (Language of the case: Italian)
Edward ( Rapporteur), J. -P. Puissochet, P. Jann and M.
Wathelet, Judges; A. La Pergola, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                  (Provisional translation; the definitive translation will be
judgment on 13 March 1997, in which it has ruled:                               published in the European Court Reports)
 The provisions of Council Regulation (EEC) No 1408/71                In Case C-358/95 : reference to the Court under Article 177
of 14 June 1971 on the application of social security                 of the EC Treaty from the Pretura di Pordenone ( Italy ) for