CELEX: C1997/094/17
Language: en
Date: 1997-03-22 00:00:00
Title: Reference for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht by order of that court of 18 October 1996 in the case of Hilmar Kellinghusen v. Amt für Land- und Wasserwirtschaft Kiel (Case C-36/97)

22. 3 . 97               I EN |                  Official Journal of the European Communities                                     No C 94/9
dismissal. The award of retirement pension points,                                authorities in the Member States from charging
including those awarded where the worker concerned has                            applicants administrative fees for processing their
been dismissed, constitutes a condition of employment                             applications for support payments, if those
agreed between the employer and the worker by virtue of                           administrative fees correspond to the rates which are
the fact that they are bound by collective agreements. The                        otherwise usual in national law and are so low that
fact that, following his dismissal, a frontier worker                             they are not capable of deterring applicants from
receives unemployment benefit in another Member State                             applying for support payments ?
pursuant to Article 71 of Regulation ( EEC) No 1408/
71 (2) cannot constitute, for the employer ( that is to say,                ( b) If Question ( a ) is answered in the affirmative :
the supplementary retirement pension institution to which
he is affiliated and which carries out his contractual
obligations in the matter), a reason for depriving his                            Does Article 15 ( 3 ) of the said Council Regulation
former employee of the contractual advantages agreed.                             infringe higher-ranking Community law, in particular
Although the discrimination in question results from                              the principle of cooperation in good faith under
collective agreements and not from legislation, it                                Article 5 of the EC Treaty, the principle of
nevertheless represents an infringement of Community law                          proportionality under the third paragraph of Article 3 b
by the defendant State, since that State has not only                             of the EC Treaty, and the principle of subsidiarity
accepted the existence of such discrimination within                              under the second paragraph of Article 3b of the EC
supplementary retirement pension schemes but has                                  Treaty ?
approved those agreements and made them generally
compulsory;, by Article L 731-5 of the French Social
Security Code, membership of a supplementary retirement
pension scheme is compulsory for all employed persons
subject to a compulsory old-age pension scheme . Although
the management of supplementary retirement pension                          Reference for a preliminary ruling from the Schleswig­
schemes is in principle left to the social partners, such                   Holsteinisches Verwaltungsgericht by order of that court
schemes are in fact based on agreements between the                         of 18 October 1996 in the case of Ernst-Detlef Ketelsen v.
social partners and the public authorities, which intervene                           Amt für Land- und Wasserwirtschaft Husum
actively in them, especially as regards the maintenance of
financial equilibrium.                                                                                 ( Case C-37/97)
                                                                                                         ( 97/C 94/18 )
The fact that the French supplementary retirement pension
schemes 'validate' periods of unemployment in France for
which benefit is paid to frontier workers who have lost                     Reference has been made to the Court of Justice of the
their job in another Member State does not eliminate or                     European Communities by an order of the First Chamber
make up for the discrimination applied, to their detriment,                 of the Schleswig-Holsteinisches Verwaltungsgericht
to frontier workers residing in another Member State .                      ( Schleswig-Holstein Administrative Court) of 18 October
                                                                            1996, which was received at the Court Registry on
(') Official Journal, English Special Edition 1968 ( II ), p. 475 .         27 January 1997, for a peliminary ruling in the case of
( 2 ) Official Journal , English Special Edition 1971 ( II ), p. 416 .      Ernst-Detlef Ketelsen v. Amt fur Land- und Wasserwirt­
                                                                            schaft Husum on the following questions :
                                                                            ( a ) Is Article 30a of Council Regulation ( EEC ) No 2066/
                                                                                  92 of 30 June 1992 amending Regulation ( EEC )
Reference for a preliminary ruling from the Schleswig­                            No 805/68 on the common organization of the market
Holsteinisches Verwaltungsgericht by order of that court                          in beef and veal and repealing Regulation ( EEC )
of 18 October 1996 in the case of Hilmar Kellinghusen v.                          No 468/87 laying down general rules applying to the
             Amt fur Land- und Wasserwirtschaft Kiel                              special premium for beef producers and Regulation
                             ( Case C-36/97)
                                                                                  ( EEC ) No 1357/80 introducing a system of premiums
                                                                                  for maintaining suckler cows ( OJ No L 215 , 30 . 7.
                               ( 97/C 94/17)                                      1992, p. 49 ) to be interpreted as prohibiting the
                                                                                  authorities in the Member States from charging
Reference has been made to the Court of Justice of                                applicants administrative fees for processing their
the European Communities by an order of the First                                 applications for aid, if those administrative fees
Chamber of the Schleswig-Holsteinisches Verwaltungsge­                            correspond to the rates which are otherwise usual in
richt ( Schleswig-Holstein Administrative Court) of                               national law and are so low that they are not capable
18 October 1996, which was received at the Court                                  of deterring applicants from applying for aid ?
Registry on 27 January 1997, for a preliminary ruling in
the case of Hilmar Kellinghusen v. Amt fur Land- und                        ( b ) If Question ( a ) is answered in the affirmative :
Wasserwirtschaft Kiel on the following questions :
( a ) Is Article 15 ( 3 ) of Council Regulation ( EEC ) No 1765/                  Does Article 30a of the said Council Regulation
       92 of 30 June 1992 establishing a support system for                       infringe higher-ranking Community law, in particular
       producers of certain arable crops ( OJ No L 181 , 1 . 7.                   the principle of cooperation in good faith under
       1992, p. 12 ) to be interpreted as prohibiting the                         Article 5 of the EC Treaty, the principle of