CELEX: C1995/137/28
Language: en
Date: 1995-06-03 00:00:00
Title: Reference for a preliminary ruling from the Bundesgerichtshof by order of that court of 6 March 1995 in the case of MSG, Mainschiffahrts-Genossenschaft e.G. v. Les Gravières Rhénanes Sàrl (Case C-106/95)

3 . 6 . 95             EN |                  Official Journal of the European Communities                                  No C 137/ 13
Reference for a preliminary ruling from the Finanzgericht                    amended by Royal Decree Law 3/89 of 31 March 1989
Bremen by order of that court of 7 March 1995 in the case of                 ( now Article 215 ( 3 ) of Royal Legislative Decree 1 /1994
            Brigitte Kording v. Senator fur Finanzen                         of 20 June 1994 ) be considered an unemployment
                         ( Case C-100/95 )                                   benefit within the meaning of Article 4 ( 1 ) of Regulation
                                                                             ( EEC ) No 1408/71 ?
                           ( 95/C 137/26 )
Reference has been made to the Court of Justice of the
                                                                        If the foregoing question is answered in the affirmative :
European Communities by an order of the Finanzgericht
( Finance Court ) Bremen, Second Senate, of 7 March 1995 ,              2 . Must Article 67 ( 1 ) of Regulation ( EEC ) No 1408/71 ( in
which was received at the Court Registry on 30 March                         its present version ) be interpreted, as regards the
1995 , for a preliminary ruling in the case of Brigitte Kording              particular facts to which it is to be applied , as meaning
v. Senator fur Finanzen on the following question :                          that periods of insurance or of employment completed
                                                                             under the legislation of any other Member State must be
Is there an infringement, in the form of ' indirect                          taken into account for the purposes of obtaining the
discrimination against women', of Article 3 ( 1 ) of Directive               unemployment allowance for persons over 52 years of
76/207/EEC of 9 February 1976 (') or other Community                         age, provided for by Article 215 ( 3 ) of Royal Legislative
law, where, under domestic legislation ( Paragraph 38 ( 1 ),                 Decree 1 /1994 of 20 June 1994, which approves the
                                                                             consolidated version of the General Law on Social
No 4a , second subparagraph, in conjunction with
Paragraph 36 ( 3 ) of the Steuerberatungsgesetz ( Law on Tax                 Security, to the extent to which the right to a retirement
Consultancy ), the 15-year minimum period of employment                      pension may be obtained on the basis of such
as a case officer in the executive class of the revenue                      contributions, subject to age requirements , in a Member
administration, which is required for exemption from the                     State other than that of the competent institution ?
tax consultants ' examination, is proportionately extended
in the case of part-time employment involving working                   3 . Can that be the case even though the worker has not
hours of no less than one-half of the normal working hours ,                 paid contributions in Spain or has paid contributions for
and where, of the 119 part-time executive-class officers in                  less than one year, provided that he is entitled to a
the Bremen revenue administration, 110 are women                             retirement pension in any Member State ?
( 92,4% )?
                                                                        4 . Is the requirement that, for migrant workers to receive
(') OJ No L 39 , 14 . 2 . 1976 , p . 40 .                                    the unemployment allowance available for persons of
                                                                             more than 52 years of age, it must be shown that, subject
                                                                             to age requirements , they are entitled to a retirement
                                                                             pension payable by the Spanish social security scheme
                                                                              ( persons having such an entitlement in any other
                                                                             Member State being precluded from receiving such
                                                                             allowance ) contrary to Articles 48 ( 2 ) and 51 of the EC
                                                                             Treaty ?
References for preliminary rulings by Juzgado de lo Social
No 1 , Santiago de Compostela, by order of that court of
 13 March 1995 in the cases of Manuel Eugenio Fernandez
Balado and Jose Paredes v. Instituto Nacional de Empleo
           and Instituto Nacional de Seguridad Social
                ( Cases C-102/95 and C-103/95 )
                            ( 95 /C 137/27 )
                                                                        Reference for a preliminary ruling from the
                                                                        Bundesgerichtshof by order of that court of 6 March 1995
Reference has been made to the Court of Justice of the                  in the case of MSG, Mainschiffahrts-Genossenschaft e.G.
European Communities by an order of Juzgado de lo Social                                v. Les Gravieres Rhenanes Sari
 ( Social Court) No 1 , Santiago de Compostela, of 13 March                                      Case C-106/95 )
 1995 , which was received at the Court Registry on                                               ( 95/C 137/28 )
 13 March 1995 , for a preliminary ruling in the cases of
Manuel Eugenio Fernandez Balado and Jose Paredes against
Instituto Nacional de Empleo ( National Employment                      Reference has been made to the Court of Justice of the
Institute ) and Instituto Nacional de Seguridad Social
                                                                        European Communities by an order of the
 ( National Social Security Institute ) on the following
                                                                        Bundesgerichtshof ( Federal Court of Justice ) — Second
 questions :                                                            Civil Senate — of 6 March 1995 , which was received at the
                                                                         Court Registry on 31 March 1995 , for a preliminary ruling
 1 . Must the unemployment allowance for persons over 52                in the case of MSG, Mainschiffahrts-Genossenschaft e.G.
      years of age applied for by the plaintiff, provided for by        v. Les Gravieres Rhenanes Sari on the following
      Article 13 ( 2 ) of Law 31 /84 of 2 August 1984, as                questions :
 ---pagebreak--- No C 137/ 14           f EN                  Official Journal of the European Communities                                        3 . 6 . 95
 1 . Is an oral agreement on the place of performance                   References for a preliminary ruling by the Pretura
     ( Brussels Convention, Article 5 ) to be recognized even if        Circondariale di Roma — Sezione distaccate di Tivoli e di
     it is not intended to fix the place at which the person            Castelnuovo — by orders of those courts of February and
     liable has to perform the obligations incumbent on him,            March 1995 in criminal proceedings pending before them
     but is intended solely to establish — informally — that            against Giuseppe Salmaggi, Savatore Pasquire and Massimo
     the courts for a particular place are to have jurisdiction                                         Zappone
     (a so-called 'abstract' agreement on the place of                          ( Cases C-112/95 , C-119/95 and C-123/95 )
     performance )?
                                                                                                    ( 95/C 137/30 )
2 . In the event that the Court of Justice should answer
     question 1 in the negative :                                       References have been made to the Court of Justice of the
                                                                        European Communities by orders of the Pretura
     ( a ) Can an agreement conferring jurisdiction in                  Circondariale di Roma — Sezione Distaccate di Tivoli e di
           international trade or commerce in accordance
                                                                        Castelnuovo ( Rome District Magistrates' Court — Tivoli
           with the third hypothesis mentioned in the second            and Castelnuovo Divisions ) which were received at the
           sentence of the first paragraph of Article 17 of the         Court Registry on 3 , 6 , 10 April 1995 respectively, for a
           1978 version of the Brussels Convention also be
                                                                        preliminary ruling in criminal proceedings against Giuseppe
           concluded by one party's not contradicting a                 Salmaggi, Savatore Pasquire and Massimo Zappone on the
           commercial letter of confirmation containing a               following questions :
           pre-printed reference to the courts of the
           consignors ' place of business having sole                   1 . What is the legal effect of the Italian Republic 's failure to
           jurisdiction or must there have been in every case               bring into force the necessary measures to implement
           prior consensus with regard to the content of the                Council Directive 91/156/EEC ( l ), amending Directive
           letter of confirmation ?                                         75/442/EEC within the prescribed time limit ?
     ( b ) Is it sufficient in order for there to be an agreement       2 . In particular, may the existence of criminal penalties,
           conferring jurisdiction within the meaning of the                and in particular those provided for in Articles 10 and
           aforesaid provision if the invoices sent by one party            25 ( Case C-75/95 ) and Article 25 et seq. ( Case C-58/95 )
           all contain a reference to the courts of the carrier 's
                                                                            of Presidential Decree No 915 /82 for failure to observe
           place of business having sole jurisdiction and to the            the Italian rules, be considered to conflict with
           conditions of the bill of lading used by the carrier             Community legislation where it seeks to ensure uniform
           which also stipulate the courts of the same place as             treatment, from the point of view of penalties as well, for
           having jurisdiction, and the other party invariably              operators in the Single Market.
           paid the invoices without objecting, or is prior
           consensus also required in this respect ?                    (') OJ No L 78 , 26 . 3 . 1991 , p . 32 .
Reference for a preliminary ruling from the Polimeles
Protodikio, Athens , by judgment of that court of 29 March              Reference for a preliminary ruling by the Conseil Arbitral
          1990 in the case of Astir AE v. Greek State
                                                                        des Assurances Sociales by decision of that court of 5 April
                          ( Case C-109/95 )                             1995 in the case of Nicolas Decker v. Caisse de Maladie des
                            ( 95/C 137/29 )                                                      Employés Privés
                                                                                                 ( Case C-120/95 )
Reference has been made to the Court of Justice of the                                             ( 95/C 137/31 )
European Communities by a judgment of the Polimeles
Protodikio ( Court of First Instance , several judges ), Athens,
                                                                        Reference has been made to the Court of Justice of the
of 29 March 1990, which was received at the Court Registry
                                                                        European Communities by a decision of the Conseil Arbitral
on 3 April 1995 , for a preliminary ruling in the case of Astir
                                                                        des Assurances Sociales ( Arbitral Council of Social
AE v. Greek State pending before it on the following
                                                                        Insurance ) of 5 April 1995 , which was received at the Court
question :
                                                                        Registry on 7 April 1995 , for a preliminary ruling in the case
On a proper construction of Article 10 ( 4 ) of Commission              of Nicolas Decker v. Caisse de Maladie des Employes Prives
Regulation ( EEC ) No 2730/79 , in conjunction with the                 ( Health Insurance Fund for Employees in the Private Sector )
provisions of Articles 20 and 21 thereof, is an exporter of an          on the following question :
agricultural product, in this case wheat flour, entitled to a
refund when the exported product after leaving the                      Is Article 60 of the Luxembourg Social Insurance Code,
geographical territory of the Community has perished in                 under which a social security institution of Member State A
transit as a result of force majeure and where for that                refuses to refund to an insured person, who is a national of
product the same amount of refund was fixed for all                    Member State A, the cost of spectacles with corrective
non-member countries except the Soviet Union for which as               lenses, prescribed by a doctor established in Member State A
regards the product mentioned above no amount of refund                 but purchased from an optician established in Member State
was fixed ?                                                             B, on the ground that all medical treatment outside Member
                                                                        State A must be authorized in advance by the above social
                                                                        security institution, compatible with Articles 30 and 36 of