CELEX: C1999/121/06
Language: en
Date: 1999-05-01 00:00:00
Title: Judgment of the Court (Third Chamber) of 25 February 1999 in Case C-65/97: Commision of the European Communities v. Cascina Laura di Arch. Aldo Delbó e C. and Gariboldi Engineering Company Srl (Article 181 of the EC Treaty - Arbitration clause - Non-performance of a contract)

C 121/4                 EN                      Official Journal of the European Communities                                           1.5.1999
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                         (Third Chamber)
                                                                                                     (Fifth Chamber)
                       of 25 February 1999
in Case C-65/97: Commission of the European Communi-                                              of 25 February 1999
ties v. Cascina Laura di Arch. Aldo Delbó e C. and
            Gariboldi Engineering Company Srl (1)
                                                                           in Case C-90/97 (reference for a preliminary ruling from
(Article 181 of the EC Treaty — Arbitration clause —                       the Social Security Commissioner): Robin Swaddling v.
                 Non-performance of a contract)                                                  Adjudication Officer (1)
                          (1999/C 121/06)
                                                                           (Social Security — Income support — Conditions of
                                                                                           entitlement — Habitual residence)
                    (Language of the case: Italian)
                                                                                                     (1999/C 121/07)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
In Case C-65/97: Commission of the European Communities                                        (Language of the case: English)
(Agents: Paolo Stancanelli and Jean-francis Pasquier, assisted
by Alberto Dal Ferro) v. Cascina Laura Sas di Arch. Aldo Delbó
e C., in arrangement with its creditors, whose registered office
                                                                           In Case C-90/97: reference to the Court under Article 177 of
is at Casaleggio Novara (Italy), in the person of its provisional
                                                                           the EC Treaty by the Social Security Commissioner (United
legal representative, and Gariboldi Engineering Company Srl,
                                                                           Kingdom) for a preliminary ruling in the proceedings pending
in liquidation, whose registered office is in Milan (Italy), in the
person of its liquidator, Ester Dallarosa, represented by Alberto          before that court between: Robin Swaddling and Adjudication
Croze, Rodolfo Radice and Cristina Ravelli, of the Milan Bar               Officer — on the interpretation of Article 48 of the EC Treaty
                                                                           — the Court (Fifth Chamber), composed of: P. Jann, President
— application under Article 181 of the EC Treaty for
                                                                           of the First Chamber, acting as President of the Fifth Chamber,
reimbursement of monies paid under contract No BM 5/89 IT,
                                                                           J.C. Moitinho de Almeida (Rapporteur), C. Gulmann, L. Sevón
terminated by the applicant for non-performance by the
defendants — the Court (Third Chamber), composed of: J.-P.                 and M. Wathelet, Judges; Advocate-General: A. Saggio; L.
Puissochet (Rapporteur), President of the Chamber, J. C. Moit-             Hewlett, Administrator, for the Registrar, has given a judgment
                                                                           on 25 February 1999, in which it held that:
inho de Almeida and C. Gulmann, Judges; A. Saggio, Advocate-
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 25 February 1999, in which it:
                                                                           Article 10a 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 and to members of their families
1. takes formal note that the Commission of the European                   moving within the Community, as amended and updated by Council
     Communities has withdrawn its claims against Cascina Laura            Regulation (EEC) No 2001/83, as amended by Council Regulation
     Sas di Arch. Aldo Delbó e C.;                                        (EEC) No 1247/92, read toegether with Article 1(h) thereof,
                                                                           precludes the Member State of origin — in the case of a person who
2. orders Gariboldi Engineering Company Srl to pay to the applicant        has exercised his right to freedom of movement in order to establish
     the sum of ECU 479 134, together with interest in the amount          himself in another Member State, in which he has worked and set up
     of ECU 1 742 per month from 31 July 1990 until the date of            his habitual residence, and who has returned to his Member State of
     final settlement, plus ECU 2 464 per month from                       origin, where his family lives, in order to seek work — from making
     20 April 1991 until the date of final settlement;                     entitlement to one of the benefits referred to in Article 10a of
                                                                           Regulation (EEC) No 1408/71 conditional upon habitual residence
3. dismisses the remainder of the application;                             in that State, which presupposes not only an intention to reside there,
                                                                           but also completion of an appreciable period of residence there.
4. orders Gariboldi Engineering Company Srl and Cascina Laura
     Sas di Arch. Adldo Delbó e C. jointly and severally to pay the
     costs.
                                                                           (1) OJ C 131, 26.4.1997.
(1) OJ C 131, 26.4.1997.