CELEX: C1995/333/03
Language: en
Date: 1995-12-09 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 26 October 1995 in Case C-481/93 (reference for a preliminary ruling from the Arrondissementsrechtbank Amsterdam): R. Moscato v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Social Security - Invalidity - Legislation applicable - Type A legislation - Pre-existing state of health)

No C 333/2             | EN                  Official Journal of the European Communities                                       9 . 12 , 95
D. A. O. Edward, G. Hirsch ( Presidents of Chambers ), G. F.            Article 13 ( 2 ) ( a ) and Article 39 ( 1 ) and ( 5 ) of Council
Mancini, F. A. Schockweiler ( Rapporteur ), J. C. Moitinho              Regulation ( EEC ) No 1408/71 of 14 June 1971 on the
de Almeida, P. J. G. Kapteyn, P. Jann, H. Ragnemalm and                 application of social security schemes to employed persons,
L. Sevon, Judges ; G. Tesauro, Advocate-General; H. A.                  to self-employed persons and to members of their families
Riihl, Principal Administrator, for the Registrar, has given a          moving within the Community, as amended and updated by
judgment on 24 October 1995 , in which it rules :                       Council Regulation ( EEC ) No 2001/83 of 2 June 1983 ( OJ
                                                                         1983 L 230, p. 6 ), the Court ( Fifth Chamber ), composed of
                                                                        D. A. O. Edward ( Rapporteur ), President of the Chamber,
 1 . Article 85 (1 ) of the EEC Treaty must be interpreted as           J. C. Moitinho de Almeida, C. Gulmann, P. Jann and
      meaning that it prohibits an obligation imposed by the            L. Sevon, Judges; A. M. La Pergola, Advocate-General;
      leading manufacturer of motor vehicles in a Member                H. A. Ruhl, Principal Administrator, for the Registrar, has
      State on all its dealers established in that State to develop     given a judgment on 26 October 1995 , in which it rules
                                                                        that:
      activities as agents for leasing transactions exclusively
      for the account of its own leasing company.
                                                                        Article 38 (1 ) of Council Regulation (EEC) No 1408/71 of
2 . Commission Regulation (EEC) No 123/85 of                            14 June 1971 on the application of social security schemes
      12 December 1984 on the application of Article 85 (3)             to employed persons, to self-employed persons and to
                                                                        members oftheir families moving within the Community, as
      of the Treaty to certain categories of motor vehicle
                                                                        amended and updated by Council Regulation (EEC)
      distribution and servicing agreements must be
      interpreted as meaning that it does not exempt an
                                                                        No 2001 /83 of 2 June 1 983, is to be interpreted as meaning
                                                                        that, where the applicable legislation of a Member State
      obligation imposed by the leading motor vehicle
                                                                        makes the grant of invalidity benefits subject, inter alia, to
      manufacturer in a Member State on all its dealers
      established in that State to develop activities as agents
                                                                        the condition that at the time of his joining the scheme
                                                                        established by that legislation the worker's state of health
      for leasing transactions exclusively for the account of its
                                                                        must not have been such as to make it foreseeable that
      own leasing company.
                                                                        incapacity for work followed by invalidity would occur in
                                                                        the near future, the competent institution must also take
t 1 ) OJ No C 160, 12 . 6 . 1993 .                                      into account periods of insurance completed by that worker
                                                                        under the legislation of another Member State, as if those
                                                                       periods had been completed under the legislation which it
                                                                       administers.
                                                                        (') OJ No C 59 , 26 . 2 . 1994, p . 6 .
                JUDGMENT OF THE COURT
                          ( Fifth Chamber)
                        of 26 October 1995
in Case C-481/93 (reference for a preliminary ruling from
the Arrondissementsrechtbank Amsterdam ): R. Moscato v.                               JUDGMENT OF THE COURT
   Bestuur van de Nieuwe Algemene Bedrijfsvereniging ( j )                                       ( Fifth Chamber)
(Social Security — Invalidity — Legislation applicable —                                       of 26 October 1995
       Type A legislation — Pre-existing state of health)               in Case C-482/93 ( reference for a preliminary ruling from
                            ( 95/C 333/03 )                             the Arrondissementsrechtbank Amsterdam ): S. E. Klaus v.
                                                                          Bestuur van de Nieuwe Algemene Bedrijfsvereniging (')
                                                                        (Social security — Sickness — Pre-existing state ofhealth —
                  (Language of the case: Dutch)                                      Aggregation of insurance periods)
                                                                                                   ( 95/C 333/04 )
(Provisional translation; the definitive translation will be
           published in the European Court Reports)                                     (Language of the case: Dutch)
In Case C-481 /93 : reference to the Court under Article 177            (Provisional translation; the definitive translation will be
of the EEC Treaty from the Arrondissementsrechtbank                             published in the European Court Reports)
( District Court ), Amsterdam (Netherlands ), for a
preliminary ruling in the proceedings pending before that
court between R. Moscato and Bestuur van de Nieuwe                      In Case C-482/93 : reference to the Court under Article 177
Algemene Bedrijfsvereniging — on the interpretation of                  of the EEC Treaty from the Arrondissementsrechtbank