CELEX: C2001/186/04
Language: en
Date: 2001-06-30 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-444/98 (reference for a preliminary ruling from the Arrondissementsrechtbank te Roermond): R. J. de Laat v Bestuur van het Landelĳk Instituut Sociale Verzekeringen (Social security for migrant workers — Regulation (EEC) No 1408/71 — Frontier worker — "Partially unemployed" — Meaning)

C 186/2                  EN                     Official Journal of the European Communities                                          30.6.2001
Council Directive 77/388/EEC of 17 May 1977 on the                         Pergola, President of the Chamber, S. von Bahr (Rapporteur)
harmonisation of the laws of the Member States relating to                 and C.W.A. Timmermans, Judges; J. Mischo, Advocate General;
turnover taxes — Common system of value added tax: uniform                 R. Grass, Registrar, has given a judgment on 8 March 2001, in
basis of assessment (OJ 1977 L 145, p. 1) — the Court (First               which it:
Chamber), composed of: M. Wathelet (Rapporteur), President
of the Chamber, P. Jann and L. Sevón, Judges; A. Saggio,                  1.    Declares that, by failing to adopt, within the prescribed period,
Advocate General; H. von Holstein, Deputy Registrar, for the                     the laws, regulations and administrative provisions necessary to
Registrar, has given a judgment on 8 March 2001, in which it                     comply with Council Directives 96/24/EC of 29 April 1996
has ruled:                                                                       amending Directive 79/373/EEC on the marketing of com-
                                                                                 pound feedingstuffs and 96/25/EC of 29 April 1996 on the
A commitment assumed by an insurance company to carry out, in                    circulation of feed materials, amending Directives 70/524/EEC,
return for remuneration at market rates, the business activities of              74/63/EEC, 82/471/EEC and 93/74/EEC and repealing
another insurance company, which is its 100 % subsidiary and which               Directive 77/101/EEC, the Hellenic Republic has failed to
would continue to conclude insurance contracts in its own name, does             fulfil its obligations under those directives;
not constitute an insurance transaction within the meaning of              2.    Orders the Hellenic Republic to pay the costs.
Article 13B(a) of Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States
relating to turnover taxes — Common system of value added tax:             (1) OJ C 211 of 22.7.2000.
uniform basis of assessment.
(1) OJ C 246 of 28.8.1999.
                                                                                              JUDGMENT OF THE COURT
                                                                                                        (Fifth Chamber)
                 JUDGMENT OF THE COURT
                                                                                                      of 15 March 2001
                          (Fourth Chamber)
                                                                           in Case C-444/98 (reference for a preliminary ruling from
                           of 8 March 2001                                 the Arrondissementsrechtbank te Roermond): R. J. de
                                                                           Laat v Bestuur van het Landelijk Instituut Sociale Verzek-
in Case C-176/00: Commission of the European Communi-                                                       eringen (1)
                    ties v Hellenic Republic (1)
                                                                           (Social security for migrant workers — Regulation (EEC)
(Failure by a Member State to fulfil its obligations — Failure             No 1408/71 — Frontier worker — ‘Partially unemployed’
       to transpose Directives 96/24/EC and 96/25/EC)                                                     — Meaning)
                           (2001/C 186/03)                                                              (2001/C 186/04)
                     (Language of the case: Greek)                                                (Language of the case: Dutch)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               in the European Court Reports)
In Case C-176/00: Commission of the European Communities                   In Case C-444/98: reference to the Court under Article 177 of
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:                    the EC Treaty (now Article 234 EC) from the Arrondissements-
G. Kanellopoulos and D. Tsagkaraki) — application for a                    rechtbank te Roermond, Netherlands, for a preliminary ruling
declaration that, by failing to adopt the laws, regulations and            in the proceedings pending before that court between R. J. de
administrative provisions necessary to comply with Council                 Laat and Bestuur van het Landelijk Instituut Sociale Verzeker-
Directives 96/24/EC of 29 April 1996 amending Directive                    ingen — on the interpretation of Article 71(1)(a) of Council
79/373/EEC on the marketing of compound feedingstuffs (OJ                  Regulation (EEC) No 1408/71 of 14 June 1971 on the
1996 L 125, p. 33) and 96/25/EC of 29 April 1996 on the                    application of social security schemes to employed persons, to
circulation of feed materials, amending Directives 70/524/EEC,             self-employed persons and to members of their families
74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Direc-                   moving within the Community, as amended and updated by
tive 77/101/EEC (OJ 1996 L 125, p. 35), the Hellenic Republic              Council Regulation (EEC) No 2001/83 of 2 June 1983 (OJ
has failed to fulfil its obligations under the EC Treaty and those         1983 L 230, p. 6), — the Court (Fifth Chamber), composed of:
directives — the Court (Fourth Chamber), composed of: A. La                A. La Pergola, President of the Chamber, M. Wathelet,
 ---pagebreak--- 30.6.2001                 EN                      Official Journal of the European Communities                                            C 186/3
D.A.O. Edward, P. Jann and L. Sevón (Rapporteur), Judges;                   ings pending before that court by Vincent Offermanns and
J. Mischo, Advocate General; H.A. Rühl, Principal Adminis-                   Esther Offermanns — on the interpretation of Articles 3 and
trator, for the Registrar, has given a judgment on 15 March                  4(1)(h) of Council Regulation (EEC) No 1408/71 of 14 June
2001, in which it has ruled:                                                 1971 on the application of social security schemes to
                                                                             employed persons, to self-employed persons and to members
1.    In order to determine whether a frontier worker is to be regarded      of their families moving within the Community, as amended
      as partially unemployed or wholly unemployed within the                and updated by Council Regulation (EC) No 118/97 of
      meaning of Article 71(1)(a) of Council Regulation (EEC)                2 December 1996 (OJ 1997 L 28, p. 1), and of Articles 6 and
      No 1408/71 of 14 June 1971 on the application of social                52 of the EC Treaty (now, after amendment, Articles 12 EC
      security schemes to employed persons, to self-employed persons         and 43 EC), — the Court (Fifth Chamber), composed of: A. La
      and to members of their families moving within the Community,          Pergola, President of the Chamber, M. Wathelet, D.A.O. Edward
      as amended and updated by Council Regulation (EEC)                     (Rapporteur), P. Jann and L. Sevón, Judges; S. Alber, Advocate
      No 2001/83 of 2 June 1983, uniform Community criteria                  General; H.A. Rühl, Principal Administrator, for the Registrar,
      must be applied. That assessment may not be made on the                has given a judgment on 15 March 2001, in which it has
      basis of criteria drawn from national law.                             ruled:
2.    If, in a Member State other than that in whose territory he
      resides, a worker remains in employment with the same                  A benefit such as the advances on maintenance payments provided
      undertaking, but part-time, while remaining available for work         for by the Austrian Bundesgesetz über die Gewährung von Vorschüss-
      on a full-time basis, he is partially unemployed and the related       en auf den Unterhalt von Kindern (Unterhaltsvorschussgesetz)
      benefits are to be provided by the competent institution of that       (Federal Austrian Law on the Grant of Advances on Maintenance for
      State. On the other hand, if a frontier worker no longer has any       Children) constitutes a family benefit within the meaning of
      link with that State and is wholly unemployed, those benefits          Article 4(1)(h) of Council Regulation (EEC) No 1408/71 of 14 June
      are to be provided by the institution of the place of residence at     1971 on the application of social security schemes to employed
      its own expense. It is for the national court to determine on the      persons, to self-employed persons and to members of their families
      basis of those criteria, in the case pending before it, the category   moving within the Community, as amended and, updated by Council
      to which the worker in question belongs.                               Regulation (EC) No 118/97 of 2 December 1996. Consequently,
                                                                             persons residing in the territory of a Member State to which the
                                                                             provisions of that regulation apply are entitled, in accordance with
(1) OJ C 48 of 20.2.1999.                                                    Article 3 of that regulation, to receive such a benefit under the
                                                                             legislation of that Member State on the same conditions as that
                                                                             State’s nationals.
                                                                             (1) OJ C 174 of 19.6.1999.
                  JUDGMENT OF THE COURT
                            (Fifth Chamber)
                           of 15 March 2001                                              ORDER OF THE COURT OF JUSTICE
in Case C-85/99 (reference for a preliminary ruling from                                               (Third Chamber)
the Oberster Gerichtshof, Austria): by Vincent
             Offermanns and Esther Offermanns (1)                                                   of 16 November 2000
(Regulation (EEC) No 1408/71 — Definition of ‘family                         in Case C-289/99 P: Schiocchet SARL v Commission of
benefits’ — National legislation providing for payment of                                     the European Communities (1)
advances on maintenance payments due by a worker to his
minor child — Condition concerning the child’s nationality)                  (Appeal — International coach and bus transport of passen-
                                                                                          gers — Appeal manifestly unfounded)
                            (2001/C 186/05)
                                                                                                        (2001/C 186/06)
                    (Language of the case: German)
                                                                                                  (Language of the case: French)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                          (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-85/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Oberster                         In Case C-289/99 P: Schiocchet SARL, having its registered
Gerichtshof, Austria, for a preliminary ruling in the proceed-               office in Beuvillers, France, represented by P. Barbier, avocat,