CELEX: C1996/095/14
Language: en
Date: 1996-03-30 00:00:00
Title: References for preliminary rulings by the Tribunal Superior de Justicia of the Community of Extremadura by orders of that court of 17 January 1996 and 15 January 1996 in the cases of Antonio Naranjo Arjona v. Instituto Nacional de la Seguridad Social, Francisco Mateos v. Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social, and Instituto Nacional de la Seguridad Social v. Laura García Lázaro (Cases C-31/96, C-32/96 and C-33/96)

30 . 3 . 96                  EN                 Official Journal of the European Communities                                          No C 95/9
      question 1(a ), and if so what would be the effect on the                  References for preliminary rulings by the Tribunal Superior
      answers to those questions ?                                               de Justicia of the Community of Extremadura by orders of
                                                                                 that court of 17 January 1996 and 15 January 1996 in the
3 . ( a ) If the requests for further information and the other                  cases of Antonio Naranjo Arjona v. Instituto Nacional de la
            requirements described in question 1 above, or any                   Seguridad Social, Francisco Mateos v. Instituto Nacional de
            of them, are prima facie permissible under Council                   la Seguridad Social and Tesorería General de la Seguridad
            Directive 81 /851 /EEC and 81 /852/EEC, must such                    Social, and Instituto Nacional de la Seguridad Social v.
            requests and requirements comply with the                                                  Laura García Lázaro
            Community law principle of proportionality ?                                     ( Cases C-31/96, C-32/96 and C-33/96 )
      ( b ) If the answer to ( a ) is affirmative, are those                                                 ( 96/C 95/ 14 )
            principles to be applied in this case by the national
            court or by the Court of Justice ?                                   Reference has been made to the Court of Justice of the
                                                                                 European Communities by orders of the Tribunal Superior
      (c )    ( i ) If they are to be applied by the Court of                    de Justicia ( High Court of Justice ) of the Community of
                      Justice, do the said requests and requirements
                                                                                 Extremadura of 17 January 1996 ( Cases C-31 /96 and
                      or any of them infringe the principles of                  C-32/96 ) and of 15 January 1996 ( Case C-33/96 ), which
                      proportionality ?                                          were received at the Court Registry on 7 February 1996 , for
                                                                                 preliminary rulings in the cases of Antonio Naranjo Arjona
            ( ii ) If they are to be applied by the national court,
                                                                                 v. Instituto Nacional de la Seguridad Social ( National Social
                      by reference to what criteria and
                                                                                 Security Institute ), Francisco Vicente Mateos v. Instituto
                      considerations must the proportionality of the
                                                                                 Nacional de la Seguridad Social and Tesoreria General de la
                      requests and requirements be assessed ?
                                                                                 Seguridad Social ( General Social Security Fund ), and
4 . Are Articles 30 to 36 of the EC Treaty to be interpreted                     Instituto Nacional de la Seguridad Social v. Laura Garcia
      as prohibiting requests and requirements such as those                     Lazaro on the following question :
      described above, or any of them ?
                                                                                 when Article 47 ( 1 ) ( c ) of Regulation ( EEC ) No 1408/71 ( J )
5 . ( a ) Is Article 40 of Council Directive 81 /851 /EEC to be                  — now Article 47 ( 1 ) (g ) — uses the phrase ' shall determine
            interpreted as applying to the requests and                          that average by reference only to those periods of insurance
            requirements described above ?                                       completed under the legislation of the said State ', is it to be
                                                                                 construed as referring to :
      ( b ) If so, in what circumstances and by reference to
            what criteria are the reasons for the imposition of
            such requests and requirements to be treated as                      1 . the theoretical maximum, minimum or average basis for
            inadequate for the purposes of Article 40 , and were                      the time being laid down by the legislation of a Member
            such requests and requirements adequately                                 State for payment of the relevant social security
            reasoned in the present case ?                                           contributions; or
6 . ( a ) Is a Member State liable as a matter of Community                      2 . the average of the actual bases of what was actually
            law to compensate an undertaking in damages for                          contributed by the person concerned, regardless of what
            loss which it has suffered as a consequence of the                        he would have had to contribute in the periods worked
            imposition of requests and requirements such as                           in Spain in accordance with the legislation of that
            those described above which :                                             State ?
                ( i ) are incompatible with the provisions of
                       Council    Directives   81 /851 /EEC           and/or     (') OJ English Special Edition 1971 ( II ), p. 416 .
                       81 /852/EEC ;
              ( ii ) infringe the principles of proportionality;
            ( iii ) are prohibited by Articles 30 to 36 of the EC
                       Treaty;
            ( iv ) are insufficiently reasoned within the meaning                Reference for a preliminary ruling by the Pretura
                       of Article 40 of Directive 81 /851 /EEC ?                 Circondariale di Roma — Sezione Distaccata di Tivoli by
                                                                                 order of that court of 24 January 1996 in criminal
      ( b ) If the answer to question 6(a ) ( i ), ( ii ), ( iii ) and ( iv ) or               proceedings against Maria Paolantoni
            any of them is in the affirmative, under what                                                   Case C-34/96 )
            condition does such liability arise ?
                                                                                                             ( 96/C 95/ 15 )
t 1 ) OJ No L 317, 6 . 11 . 1981 , p. 1 .
( 2 ) OJ No L 317, 6 . 11 . 1981 , p . 16 .                                      Reference has been made to the Court of Justice of
                                                                                 the European Communities by order of the Pretura
                                                                                 Circondariale di Roma — Sezione Distaccata di Tivoli