CELEX: C1995/137/09
Language: en
Date: 1995-06-03 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 6 April 1995 in Case C-325/93 (reference for a preliminary ruling from the Tribunal du Travail de Bruxelles): Union Nationale des Mutualités Socialistes v. Aldo Del Grosso (Cumulation of benefits - Interpretation of Regulation (EEC) No 1408/71)

3 . 6 . 95             EN                  Official Journal of the European Communities                                   No C 137/5
               JUDGMENT OF THE COURT                                        classify the benefits in question in accordance with the
                       ( Second Chamber)                                    applicable national legislation, taking into account the
                                                                            rules relating to conflict of laws, since the Community
                         of 6 April 1995                                    rules are not relevant.
in Case C-325/93 ( reference for a preliminary ruling from
the Tribunal du Travail de Bruxelles ): Union Nationale des
         Mutualités Socialistes v. Aldo Del Grosso (M                 H OJ No C 211 , 5 . 8 . 1993 .
                                                                      ( 2 ) OJ No L 149 , 5 . 7 . 1971 , p . 2 .
(Cumulation of benefits — Interpretation of Regulation
                      (EEC) No 1408/71)
                          ( 95/C 137/09
                 (Language of the case: French)
                                                                                      JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be                                      of 6 April 1995
          published in the European Court Reports)
                                                                      in Case C-439/93 ( reference for a preliminary ruling from
                                                                      the French Cour de Cassation ): Lloyd's Register of Shipping
                                                                                      v. Societe Campenon Bernard f1 )
In Case C-325/93 : reference to the Court under Article 177
                                                                       (Brussels Convention — Article 5 (5) — Dispute arising out
of the EEC Treaty by the Tribunal du Travail de Bruxelles                               of the operations of a branch)
( Labour Court, Brussels ) for a preliminary ruling in the
                                                                                                   ( 95/C 137/10 )
proceedings pending before that court between Union
Nationale des Mutualites Socialistes and Aldo Del Grosso,
with the Institut National d'Assurance Maladie-Invalidite,
intervener in the main proceedings, on the interpretation of                            (Language of the case: French)
Council Regulation ( EEC ) No 1408/71 of 14 June 1971 on
the application of social security schemes to employed
persons and their families moving within the Community ( 2 )           (Provisional translation; the definitive translation will be
— the Court ( Second Chamber ) composed of F. A.                                 published in the European Court Reports)
Schockweiler, President of the Chamber, G. F. Mancini and
J. L. Murray ( Rapporteur ), Judges ; Advocate-General; W.
Van Gerven, Registrar, D. Louterman-Hubeau, has given a               In Case C-439/93 : reference to the Court pursuant to the
judgment on 6 April 19 95 , in which it rules :                       Protocol of 3 June 1971 on the interpretation by the Court
                                                                      of Justice of the Convention of 27 September 1968 on
                                                                      Jurisdiction and the Enforcement of Judgments in Civil and
                                                                       Commercial Matters by the French Cour de Cassation
 1 . an invalidity benefit such as the Italian 'invalidity             ( Court of Cassation ) for a preliminary ruling in the
      pension ' is not an independent benefit within the               proceedings pending before that court between Lloyd 's
      meaning of Article 46 (1 ) of Council Regulation (EEC)           Register of Shipping and Societe Campenon Bernard, on the
      No 1408/71 of 14 June 1971 on the application ofsocial           interpretation of Article 5 ( 5 ) of the said Convention ( 2 ), as
      security schemes to employed persons and their families          amended by the Convention of 9 October 1978 on the
      moving within the Community inasmuch as it is                    Accession of the Kingdom of Denmark, Ireland and the
      calculated in accordance with the system ofaggregation          United Kingdom of Great Britain and Northern Ireland ( 3 )
      of insurance periods and apportionment of benefits;             — the Court, composed of G. C. Rodriguez Iglesias,
                                                                       President, F. A. Schockweiler (Rapporteur ), P. J. G.
                                                                       Kapteyn, C. Gulmann ( Presidents of Chambers ), C. N.
 2 . Article 12 (2) of Regulation (EEC) No 1408/71 , cited             Kakouris, J. C. Moitinho de Almeida, J. L. Murray, D. A. O.
      above, does not preclude the application of a national           Edward and J. -P. Puissochet, Judges; M. B. Elmer,
      rule against overlapping benefits where a migrant                Advocate-General; H. von Holstein, Deputy Registrar, gave
      worker receives in a Member State benefits intended to           a judgment on 6 April 1995 , the operative part of which is as
                                                                       follows :
      compensate for loss of income as a result of incapacity
      for work due to sickness and in another Member State
      an invalidity benefit calculated by aggregating insurance
      periods and apportioning benefits, increased by a                The expression 'dispute arising out of the operations of a
      pension supplement intended to guarantee him the                 branch, agency or other establishment' in Article 5 (5) of the
      minimum national pension;                                        Convention of 27 September 1968 on Jurisdiction and the
                                                                       Enforcement of Judgments in Civil and Commercial
                                                                       Matters, as amended by the Convention of 9 October 1978
                                                                       on the Accession of the Kingdom of Denmark, Ireland and
 3 . for the purposes of applying national rules against the           the United Kingdom of Great Britain and Northern Ireland,
      overlapping of benefits it is for the national court to          does not presuppose that the undertakings in question