CELEX: C1998/041/03
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 27 November 1997 in Case C-57/96 (reference for a preliminary ruling from the Nederlandse Raad van State): H. Meints v. Minister van Landbouw, Natuurbeheer en Visserij (Regulation (EEC) No 1408/71 - Unemployment benefit - Regulation (EEC) No 1612/68 - Social advantage - Discrimination based on nationality - Residence condition)

C 41/2                EN                  Official Journal of the European Communities                                    7.2.98
Commercio con l'Estero Ð on the validity of Council                  (Netherlands Council of State) for a preliminary ruling in
Regulation (EEC) No 404/93 of 13 February 1993 on the                the proceedings pending before that court between H.
common organization of the market in bananas (OJ L 47,               Meints and Minister van Landbouw, Natuurbeheer en
25.2.1993, p. 1), Commission Regulation (EEC) No 1442/               Visserij Ð on the interpretation of Article 4 of Council
93 of 10 June 1993 laying down detailed rules for the                Regulation (EEC) No 1408/71 of 14 June 1971 on the
application of the arrangements for importing bananas                application of social security schemes to employed
into the Community (OJ L 142, 12.6.1993, p. 6) and                   persons, to self-employed persons and to members of their
Commission Regulation (EEC) No 1443/93 of 10 June                    families moving within the Community, as amended and
1993 on transitional measures for the application of the             updated by Council Regulation (EEC) No 2001/83 of
arrangements for importing bananas into the Community                2 June 1983 (OJ L 230, 2.2.1983, p. 6), and of Article 7
in 1993 (OJ L 142, 12.6.1993, p. 16) Ð the Court (Sixth              of Regulation (EEC) No 1612/68 of the Council of
Chamber), composed of: H. Ragnemalm, President of the                15 October 1968 on freedom of movement for workers
Chamber, R. Schintgen (Rapporteur), G. F. Mancini, P. J. G.          within the Community (OJ, English Special Edition 1968
Kapteyn and J. L. Murray, Judges; M. B. Elmer, Advocate-             (II), p. 475) Ð the Court (Fifth Chamber), composed of:
General; D. Louterman-Hubeau, Principal Administrator,               C. Gulmann, President of the Chamber, M. Wathelet, J. C.
for the Registrar, has given a judgment on 27 November               Moitinho de Almeida, D. A. O. Edward (Rapporteur) and
1997, in which it has ruled:                                         L. Sevón, Judges; C. O. Lenz, Advocate-General; H. A.
                                                                     Rühl, Principal Administrator, for the Registrar, has given
                                                                     a judgment on 27 November 1997, in which it has ruled:
1. Consideration of Council Regulation (EEC) No 404/
     93 of 13 February 1993 on the common organization
     of the market in bananas in the light of the Fourth
     ACP-EEC Convention, signed in LomeÂ                     on
     15 December 1989 and approved by Decision 91/400/               1. Council Regulation (EEC) No 1408/71 of 14 June
     ECSC, EEC of the Council and the Commission of                       1971 on the application of social security schemes to
     25 February 1991, has revealed no factor of such a                   employed persons, to self-employed persons and to
     kind as to affect its validity.                                      members of their families moving within the
                                                                          Community, as amended and updated by Council
                                                                          Regulation (EEC) No 2001/83 of 2 June 1983, does
2. Consideration of Commission Regulation (EEC)
                                                                          not apply to a compensation scheme under which
     No 1442/93 of 10 June 1993 laying down detailed
                                                                          agricultural workers, whose contract of employment
     rules for the application of the arrangements for
                                                                          has been terminated as a result of the setting aside of
     importing bananas into the Community in the light of
                                                                          land belonging to their former employer, receive a
     the Fourth ACP-EEC Convention and Regulation
                                                                          benefit in the form of a single payment, the amount of
     (EEC) No 404/93 has revealed no factor of such a
                                                                          which is determined solely by the age of the recipient
     kind as to affect its validity.
                                                                          and which must be repaid if the recipient is
                                                                          reemployed by his former employer within 12 months
(1) OJ C 31, 3.2.1996.                                                    following the termination of his contract of
                                                                          employment.
                                                                     2. A benefit which takes the form of a single payment to
               JUDGMENT OF THE COURT                                      agricultural workers whose contract of employment
                        (Fifth Chamber)                                   has been terminated as a result of the setting aside of
                                                                          land belonging to their former employer is to be
                    of 27 November 1997                                   classified as a social advantage within the meaning of
in Case C-57/96 (reference for a preliminary ruling from                  Article 7 (2) of Regulation (EEC) No 1612/68 of the
the Nederlandse Raad van State): H. Meints v. Minister                    Council of 15 October 1968 on freedom of movement
         van Landbouw, Natuurbeheer en Visserij (1)                       for workers within the Community.
(Regulation (EEC) No 1408/71 Ð Unemployment benefit
Ð Regulation (EEC) No 1612/68 Ð Social advantage Ð
Discrimination based on nationality Ð Residence
                            condition)                               3. A Member State may not make payment of a social
                                                                          advantage within the meaning of Article 7 (2) of
                          (98/C 41/03)                                    Regulation (EEC) No 1612/68 dependent on the
                                                                          condition that recipients be resident within its
                (Language of the case: Dutch)                             territory.
  (Provisional translation; the definitive translation will be       (1) OJ C 133, 4.5.1996.
          published in the European Court Reports)
In Case C-57/96: reference to the Court under Article 177
of the EC Treaty from the Nederlandse Raad van State