CELEX: C1995/087/07
Language: en
Date: 1995-04-08 00:00:00
Title: Reference for a preliminary ruling from the Hessischer Verwaltungsgerichtshof by order of that court of 12 January 1995 in the case of Siegfried Otte v. Federal Republic of Germany (Case C-25/95)

No C 87/4            [ EN                   Official Journal of the European Communities                                          8 . 4 . 95
Registrar, gave a judgment on 7 March 1995, the operative                   security schemes to employed persons, to self-employed
part of which is as follows :                                               persons and to members of their families moving within
                                                                            the Community 0, as amended and updated by Council
                                                                            Regulation (EEC ) No 2001/83 of 2 June 1983 (2), to be
 1 . on a proper construction of the expression 'place where                interpreted as also applying to benefits granted by a
     the harmful event occurred' in Article 5 (3) of the                    Member State in the form of a national subsidy upon
      Convention of 27 September 1968 on Jurisdiction and
                                                                            application and without legal entitlement (in this case in
     the Enforcement ofJudgments in Civil and Commercial                    accordance with the guidelines on the granting of
     Matters, as amended by the Convention of 9 October
                                                                            adaptation allowance to employees in the coal mining
      1978 on the accession of the Kingdom of Denmark,                      Industry) to older employees in the coal mining industry
     Ireland and the United Kingdom of Great Britain and                    laid off as a result of closure or rationalization
     Northern Ireland and by the Convention of25 October                    measures ?
     1982 on the accession of the Hellenic Republic, the
     victim of a libel by a newspaper article distributed in
     several Contracting States may bring an action for                2. If the answer is in the affirmative: Does Article 4 ( 1 ) (c )
     damages against the publisher either before the courts of              of Regulation (EEC) No 1408/71 require the national
     the Contracting State of the place where the publisher of              subsidy granted by the Member State to be assessed in
     the defamatory publication is established, which have                  accordance with Article 46 of Regulation (EEC )
     jurisdiction to award damages for all the harm caused by               No 1408/71 , having regard to Article 46 ( 2 ) ( b ) in
     the defamation, or before the courts ofeach Contracting                particular ?
     State in which the publication was distributed and
     where the victim claims to have suffered injury to his
     reputation, which have jurisdiction to rule solely in             3 . If the national subsidy granted by the Member State is to
     respect of the harm caused in the State of the court                   be assessed in accordance with Article 46 of Regulation
     seised;                                                                (EEC) No 1408/71 :
2 . the criteria for assessing whether the event in question is             Does the first sentence of Article 12 (2 ) of Regulation
     harmful and the evidence required of the existence and                 (EEC ) No 1408/71 permit a pension, within the
     extent of the harm alleged by the victim of the                        meaning of Article 1 (t) of Regulation (EEC)
     defamation are not governed by the Convention but by                   No 1408/71 , paid by another Member State (in this case
     the substantive law determined by the national conflict                the Netherlands WAO pension) to be deducted, or does
     of laws rules of the court seised, provided that the                   the second sentence of Article 12 (2 ) of Regulation
     effectiveness of the Convention is not thereby                         (EEC) No 1408/71 preclude such deduction ?
     impaired.
                                                                       4. If a deduction in accordance with the first sentence of
0 ) OJ No C 117, 28 . 4. 1993 .                                             Article 12 (2 ) of Regulation (EEC ) No 1408/71 is
(2 ) OJ No L 299 , 31 . 12 . 1972 .                                         permissible:
(3 ) OJ No L 304, 30. 10. 1978 , p. 1 — amended text — p. 77.
(4 ) OJ No L 388 , 31 . 12 . 1982 , p . 1 .                                 Is such deduction limited by Article 7 ( 1 ) ( b ) of Council
                                                                            Regulation (EEC) No 574/72 of 21 March 1972 (3)
                                                                            laying down the procedure for implementing Regulation
                                                                            ( EEC ) No 1408/71 , as amended and updated by Council
                                                                            Regulation (EEC ) No 2001/83 of 2 June 1983 ?
Reference for a preliminary ruling from the Hessischer                 (M OJ No L 149, 5 . 7. 1971 , p. 2.
Verwaltungsgerichtshof by order of that court of 12 January            (2) OJ No L 230, 22 . 8 . 1983 , p. 6.
1995 in the case of Siegfried Otte v. Federal Republic of              (3 ) OJ No L 74, 27. 3 . 1972, p. 1 .
                              Germany
                          Case C-25/95
                             95/C 87/07
Reference has been made to the Court of Justice of the
European Communities by an order of the Hessischer                    Reference for a preliminary ruling from the Rechtbank van
Verwaltungsgerichtshof ( Higher Administrative Court                  Eerste Aanleg te Antwerpen, by judgment of that court of
Hessen) of 12 January 1995, which was received at the                 31 January 1995 in the case of ( 1 ) E. Pastoors and (2 )
Court Registry on 2 February 1995 , for a preliminary ruling                         Trans-Cap GmbH v. Belgian State
in the case of Siegfried Otte v. Federal Republic of Germany
                                                                                                (Case C-29/95 )
on the following questions:
                                                                                                 ( 95/C 87/08
1 . Are paragraphs ( 1 ) and (2 ) of Article 4, and in particular
     Article 4 ( 1 ) (c) of Council Regulation ( EEC)                 Reference has been made to the Court of Justice of the
     No 1408/71 of 14 June 1971 on the application of social          European Communities by judgment of the Rechtbank van