CELEX: C1996/031/02
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT of 14 November 1995 in Case C-484/93 (reference for a preliminary ruling by the Luxembourg Conseil d'Etat): Peter Svensson, Lena Svensson v. Ministre du Logement et de l'Urbanisme (Free movement of capital - Freedom to provide services - Interest rate subsidy on building loans - Loan by a credit institution not approved in the Member State granting the subsidy)

3 . 2 . 96             EN |              Official Journal of the European Communities                                       No C 31 / 1
                                                                 I
                                                          (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                      applying to all employees, other than those in the
                      of 9 November 1995                                  categories listed in the Annex thereto, whose employers
                                                                          may, under the applicable national law, be made subject
in Case C-479/93 (reference for a preliminary ruling from                 to proceedings involving their assets in order to satisfy
the Pretura Circondariale di Vicenza): Andrea Francovich v.
                                                                          collectively the claims of creditors.
                     Repubblica Italiana (')
(Social policy — Protection ofemployees in the event of the
                                                                    2 . Consideration of the said Directive, to the extent that it
insolvency of their employer — Directive 80/987/EEC —
Scope — Employees whose employer is not subject to                        protects only employees whose employers are subject to
 procedures to satisfy collectively the claims of creditors)              proceedings involving their assets in order to satisfy
                                                                          collectively the claims of creditors, has disclosed no
                          ( 96/C 31/01 )                                  factor ofsuch a kind as to affect its validity in the light of
                                                                          the principle of equal treatment.
                (Language of the case: Italian)
                                                                    ( 1 ) OJ No C 43 , 12 . 2 . 1994 .
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-479/93 : reference to the Court under Article 177
of the EC Treaty from the Pretura Circondariale di Vicenza                          JUDGMENT OF THE COURT
(District Magistrate's Court, Vicenza ), Italy, for a                                     of 14 November 1995
preliminary ruling in the proceedings pending before that
court between Andrea Francovich and Repubblica Italiana             in Case C-484/93 (reference for a preliminary ruling by the
— on the interpretation and vilidity of Article 2 of Council        Luxembourg Conseil d'Etat): Peter Svensson, Lena
Directive    80/987/EEC of 20        October   1980 on the             Svensson v. Ministre du Logement et de l'Urbanisme O
approximation of the laws of the Member States relating to          (Free movement ofcapital — Freedom to provide services —
the protection of employees in the event of the insolvency of       Interest rate subsidy on building loans — Loan by a credit
their employer ( OJ 1980 No L 283 , p. 23 ) — the Court,            institution not approved in the Member State granting the
composed of G. C. Rodriguez Iglesias, President, C. N.                                              subsidy)
Kakouris, J.-P. Puissochet and G. Hirsch (Presidents of                                          ( 96/C 31 /02 )
Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.
Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann
( Rapporteur), P. Jann and H. Ragnemalm, Judges;                                     (Language of the case: French)
G. Cosmas, Advocate General; D. Louterman-Hubeau,
Principal Administrator, for the Registrar, gave a judgment          (Provisional translation; the definitive translation will be
on 9 November 1995 , the operative part of which is as                         published in the European Court Reports)
follows :
                                                                    In Case C-484/93 : reference to the Court under Article 177
 1 . Council Directive 80/987/EEC of 20 October 1980 on             of the EC Treaty by the Luxembourg Conseil d'Etat for a
     the approximation of the laws of the Member States             preliminary ruling in the proceedings pending before that
     relating to the protection ofemployees in the event ofthe      court between Peter Svensson, Lena Gustavsson and the
     insolvency of their employer must be interpreted as            Ministre du Logement et de l'Urbanisme — on the
 ---pagebreak--- No C 31 /2              EN |                Official Journal of the European Communities                                        3 . 2 . 96
interpretation of Articles 67 and 71 of the EC Treaty — the            compulsory scheme, established by law as an optional
Court, composed of G. C. Rodriguez Iglesias, President,                scheme and operating according to the principle of
D. A. O. Edward and G. Hirsch ( Presidents of Chambers ),              capitalization in keeping with the rules laid down by the
G. F. Mancini , F. A. Schockweiler, J. C. Moitinho de                  authorities in particular with regard to conditions for
Almeida ( Rapporteur ), C. Gulmann , J. L. Murray, P. Jann,            membership, contributions and benefits, is an undertaking
FL Ragnemalm and L. Sevòn, Judges; Advocate General ;                  within the meaning of Article 85 et seq . of the EC
M. B. Elmer, Registrar; D. Louterman-Hubeau , Principal                Treaty.
Administrator, gave a judgment on 14 November 1995 , the
operative part of which is as follows :                                (') O J No C 304, 29 . 10 . 1994 .
It is not compatible with Articles 59 and 67 ofthe EC Treaty
for a Member State to make the grant ofa housing benefit, in
particular an interest rate subsidy, subject to the
requirement that the loans intended to finance the
construction, acquisition or improvement of the housing                              JUDGMENT OF THE COURT
which is to benefit from the subsidy have been obtained                                    of 22 November 1995
from a credit institution approved in that Member State,
which implies that it must be established there.                       in Case C-443/93 ( reference for a preliminary ruling from
                                                                       the Elengtiko Sinedrio ): Ioannis Vougioukas v. Idrima
                                                                                    Koinonikon Asphalisseon ( IKA ) (')
(') OJ No C 43 , 12 . 2 . 1994 .
                                                                       (Interpretation and validity of Article 4 (4) of Regulation
                                                                       (EEC) No 1408/71 and interpretation ofArticles 48 and SI
                                                                       of the Treaty — Special schemes for civil servants — Greek
                                                                                 doctor employed in a German hospital)
                                                                                                 ( 96/C 3 1 /04
              JUDGMENT OF THE COURT
                     of 16 November 1995                                              (Language of the case: Greek)
in Case C-244/94 (reference for a preliminary ruling from
the French Conseil d'Etat ): Fédération Française des                  (Provisional translation; the definitive translation will be
Sociétés d'Assurance v. Ministry of Agriculture and                             published in the European Court Reports)
                             Fisheries (')
                                                                       In Case C-443/93 : reference to the Court under Article 177
(Article 85 et seq. of the EC Treaty — Concept of an
 'undertaking' — Organization managing an optional                     of the EC Treaty from the Elengtiko Sinedrio ( Court of
            supplementary social security scheme)                      Auditors ) ( Greece ) for a preliminary ruling in the
                                                                       proceedings pending before that court between Ioannis
                            ( 96/C 31 /03 )                           Vougioukas and Idrima Koinonikon Asphalisseon ( IKA ) —
                                                                       on the interpretation and validity of Article 4 ( 4 ) of Council
               (Language of the case: French)                          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
(Provisional translation; the definitive translation will be
                                                                       moving within the Community, as amended and updated by
         published in the European Court Reports)
                                                                       Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ
                                                                       1983 No L 230, p. 6 ) — the Court, composed of G. C.
In Case C-244/94 : reference to the Court under Article 177            Rodriguez Iglesias, President, C. N. Kakouris, D. A. O.
of the EC Treaty by the French Conseil d'Etat for a                    Edward and G. Hirsch ( Presidents of Chambers ), F. A.
preliminary ruling in the proceedings pending before that              Schockweiler, J. C. Moitinho de Almeida , P. J. G. Kapteyn,
court between Federation Française des Sociétés                        C. Gulmann ( Rapporteur ), P. Jann, H. Ragnemalm and
d'Assurance, Societe Paternelle-Vie, Union des Assurances              L. Sevòn, Judges ; D. Ruiz-Jarabo Colomer, Advocate
de Paris-Vie, Caisse d'Assurance et de Prévoyance Mutuelle             General; L. Hewlett, Administrator, for the Registrar, has
des Agriculteurs on the one hand, and Ministry of                      given a judgment on 22 November 1995 , in which it
Agriculture and Fisheries on the other, on the interpretation          rules :
of Article 85 et seq . of the EC Treaty — the Court, composed
of G. C. Rodriguez Iglesias, President, C. N. Kakouris and             1 . The term 'civil servants ' in Article 4 (4) of Council
D. A. O. Edward ( Presidents of Chambers ), G. F. Mancini,                 Regulation (EEC) No 1408/71 of 14 June 1971 on the
J. C. Moitinho de Almeida ( Rapporteur ), P. J. G. Kapteyn,                application of social security schemes to employed
C. Gulmann, J. L. Murray, P. Jann, H. Ragnemalm and                        persons, to self-employed persons and to members of
L. Sevòn, Judges; Advocate General : G. Tesauro, Registrar:                their families moving within the Community, as
H. A. Rühl, Principal Administrator, for the Registrar, has                amended and updated by Council Regulation (EEC)
given a judgment on 16 November 1995 , the operative part                  No 2001 /83 of 2 June 1983 , does not refer only to civil
of which is as follows :
                                                                           servants covered by the derogation provided for in
                                                                           Article 48 (4) of the Treaty, as interpreted by the Court,
A non-profit-making organization which manages an                          but to all civil servants employed by a public authority
old-age insurance scheme intended to supplement a basic                    and persons treated as such.