CELEX: C2003/007/13
Language: en
Date: 2003-01-11 00:00:00
Title: Case C-372/02: Reference for a preliminary ruling by the Bundessozialgericht by order of that Court of 15 August 2002 in the case of Roberto Adanez-Vega against Bundesanstalt für Arbeit

11.1.2003               EN                       Official Journal of the European Communities                                          C 7/7
Tilmann Klett and Bundesministerin für Bildung, Wissenschaft                of the European Communities (Fifth Chamber, Extended
und Kultur — on the interpretation of Article 12 EC, Article 19             Composition) of 7 June 2001 in Case T-187/99 Agrana Zucker
EC, Article 19b of Council Directive 78/686/EEC of 25 July                  und Stärke v Commission [2001] ECR II-1587, seeking to
1978 concerning the mutual recognition of diplomas, certifi-                have that judgment set aside, the other party to the proceedings
cates and other evidence of the formal qualifications of                    being: Commission of the European Communities (Agents:
practitioners of dentistry, including measures to facilitate the            M. Erhart and D. Triantafyllou) — the Court (Third Chamber),
effective exercise of the right of establishment and freedom to             composed of J.-P. Puissochet, President of the Chamber,
provide services (OJ 1978 L 233, p. 1), as amended by the Act               F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges:
concerning the conditions of accession of the Republic of                   F.G. Jacobs, Advocate General; R. Grass, Registrar, has made
Austria, the Republic of Finland and the Kingdom of Sweden                  an order on 5 November 2002, the operative part of which is
and the adjustments to the Treaties on which the European                   as follows:
Union is founded (OJ 1994 C 241, p. 21 and OJ 1995 L 1,
p. 1), and Articles 3 and 9 of Council Directive 93/16/EEC of
5 April 1993 to facilitate the free movement of doctors and                 1.    The appeal is dismissed;
the mutual recognition of their diplomas, certificates and other
evidence of formal qualifications (OJ 1993 L 165, p. 1), as                 2.    Agrana Zucker and Stärke AG shall pay the costs.
amended by that act of accession — the Court (Fourth
Chamber), composed of C.W.A. Timmermanns (Rapporteur),
President of the Chamber, D.A.O. Edward and S. von Bahr,
Judges: A. Tizzano, Advocate General; R. Grass, Registrar, has              (1 ) OJ No C 303, 27.10.01.
made an order on 5 November 2002, the operative part of
which is as follows:
Article 19b of Council Directive 78/686/EEC of 25 July 1978
concerning the mutual recognition of diplomas, certificates and other
evidence of the formal qualifications of practitioners of dentistry,
including measures to facilitate the effective exercise of the right of
establishment and freedom to provide services, as amended by the Act
concerning the conditions of accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden and the adjustments           Reference for a preliminary ruling by the Bundessozial-
to the Treaties on which the European Union is founded, must be             gericht by order of that Court of 15 August 2002 in the
interpreted as meaning that a person whose qualification in general         case of Roberto Adanez-Vega against Bundesanstalt für
medical practice has not been awarded by an Austrian university                                            Arbeit
cannot be admitted to the specialist training in dentistry given in that
Member State.
                                                                                                     (Case C-372/02)
( 1) OJ No C 227, 11.8.01.
                                                                                                       (2003/C 7/13)
                    ORDER OF THE COURT
                                                                            Reference has been made to the Court of Justice of the
                         (Third Chamber)                                    European Communities by order of the Bundessozialgericht
                                                                            (Federal Social Court) of 15 August 2002, received at the
                       of 5 November 2002                                   Court Registry on 16 October 2002, for a preliminary ruling
                                                                            in the case of Roberto Adanez-Vega against Bundesanstalt für
    in Case C-321/01 P: Agrana Zucker und Stärke AG (1)                     Arbeit on the following questions:
(Appeal — State aid — Act of Accession of the Republic of                   1.    Is a person who claims benefits under German unemploy-
Austria — Joint Declaration No 31 annexed to the Final Act                        ment insurance more than two months after completing
     of the Treaty of Accession of the Republic of Austria)                       his compulsory national service in Spain subject to
                           (2003/C 7/12)
                                                                                  (a)   Spanish legislation under Article 13(2)(e) of Council
                   (Language of the case: German)                                       Regulation (EEC) No 1408/71 of 14 June 1971 (1)
                                                                                        on the application of social security schemes to
(Provisional translation; the definitive translation will be published                  employed persons, to self-employed persons and
                   in the European Court Reports)                                       to members of their families moving within the
                                                                                        Community, as amended and updated by Council
                                                                                        Regulation (EEC) No 2001/83 of 2 June 1983 (2),
In Case C-321/01 P: Agrana Zucker und Stärke AG, established                            as amended by Council Regulation (EEC) No 2195/
in Vienna (Austria) (Lawyers: W. Barfuß and H. Wollmann) —                              91 of 25 June 1991 (3) — hereinafter, ‘Regulation
Appeal against the judgment of the Court of First Instance                              1408/71’ — or
 ---pagebreak--- C 7/8                  EN                     Official Journal of the European Communities                                      11.1.2003
     (b) German legislation under Article 13(2)(f) of Regu-                          bb) If the answer to Question 3(c)(aa) is affirmative:
           lation 1408/71?
                                                                                           does the first sentence of Article 71(1)(b)(ii) of
                                                                                           Regulation 1408/71 also mean that the last
2.   If the answer to Question 1(a) is affirmative:
                                                                                           employment completed in the territory of a
                                                                                           Member State other than the competent State
     (a)   does compulsory national service undertaken in                                  is to be taken into account for the purposes of
           Spain constitute ‘last employment in the territory of                           benefits to unemployed persons as if it had
           a Member State other than the competent State’                                  been completed in the State of residence,
           within the meaning of Article 71(1) of Regulation                               without regard to the requirements stated in
           1408/71?                                                                        Article 67 of Regulation 1408/71? (as per
                                                                                           Question 2(b)).
     (b) If the answer to Question 2(a) is affirmative:
                                                                         4.    If the period of Spanish compulsory national service
           does the first sentence of Article 71(1)(b)(ii) of
                                                                               cannot be taken into account under Articles 71 or 67 of
           Regulation 1408/71 also mean that the last employ-                  Regulation 1408/71 for the purposes of the claimant’s
           ment completed in the territory of a Member State
                                                                               entitlement to benefit under German unemployment
           other than the competent State is to be taken into
                                                                               insurance, is there any such entitlement under the
           account for the purposes of benefits to unemployed
                                                                               principle of equality of treatment in Article 3 of Regu-
           persons as if it had been completed in the State of
                                                                               lation 1408/71 or under any other general provisions of
           residence, without regard to the requirements stated                European law?
           in Article 67 of Regulation 1408/71?
     c)    If the answer to Question 2(b) is negative:                   (1 ) OJ L 149 of 05.07.1971, p. 2.
                                                                         (2 ) OJ L 230 of 22.08.1983, p. 6.
           in what circumstances is a period of national                 (3 ) OJ L 206 of 29.07.1991, p. 2.
           service that, under national (Spanish) law, does not
           constitute a period of insurance for unemployment
           insurance purposes or is not treated as such, to be
           considered a period of employment completed as
           an employed person under the legislation of another
           Member State in accordance with Article 67(1) of
           Regulation 1408/71?
                                                                         Reference for a preliminary ruling by the Oberster
3.   If the answer to Question 1(b) is affirmative:                      Gerichtshof (Austria) by order of that Court of 17 Septem-
                                                                         ber 2002 in the appeal between Sakir Öztürk and Pen-
     a)    has a person whose last period of insurance in                            sionsversicherungsanstalt der Arbeiter
           Germany came to an end more than one year
           previously, after which he carried out compulsory
           national service in Spain for nine months, ‘com-                                        (Case C-373/02)
           pleted lastly’ periods of insurance under German law
           within the meaning of Article 67(3) of Regulation                                         (2003/C 7/14)
           1408/71
     b)    If the answer to Question 3(a) is affirmative:
                                                                         Reference has been made to the Court of Justice of the
           in what circumstances is a period of national                 European Communities by order of the Oberster Gerichtshof
           service that, under national (Spanish) law, does not          (Austria) (Supreme Court) of 17 September 2002, received at
           constitute a period of insurance for unemployment             the Court Registry on 17 October 2002, for a preliminary
           insurance purposes or is not treated as such, to be           ruling in the appeal between Sakir Öztürk and Pensionsversich-
           considered a period of employment completed as                erungsanstalt der Arbeiter on the following questions:
           an employed person under the legislation of another
           Member State in accordance with Article 67(1) of
                                                                         1.    Is the law concerning the association between the Euro-
           Regulation 1408/71? (as per Question 2(c)).
                                                                               pean Economic Community and Turkey (in particular
                                                                               Article 9 of the Agreement establishing an Association
     c)    If Article 67(1) of Regulation 1408/71 should not                   between the European Economic Community and Turkey
           apply to the claimant (Questions 3(a) and (b)):                     of 12 September 1963) to be interpreted as precluding a
                                                                               rule of a Member State which requires inter alia, as a
           aa) does compulsory national service undertaken                     condition of entitlement to an early old-age pension in
                 in Spain constitute ‘last employment in the                   the event of unemployment, that the worker concerned
                 territory of a Member State other than the                    must have drawn a cash benefit on account of his
                 competent State’ within the meaning of                        unemployment from the unemployment insurance
                 Article 71(1) of Regulation 1408/71? (as per                  scheme of that Member State within a certain period
                 Question 2(a)).                                               prior to the qualifying date?