CELEX: C2002/144/47
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-158/02: Reference for a preliminary ruling by the Tribunale di Roma by order of that Court of 5 April 2002 in the case of Lidia Marcaletti against Istituto nazionale della previdenza sociale (INPS)

C 144/28                EN                     Official Journal of the European Communities                                      15.6.2002
3)    Must the person who acquired the specimen more than                 —     point H(e) of that annex (relating to Italy) includes,
      50 years previously be the present owner?                                 amongst the benefits under the Italian system which are
                                                                                subject to residence requirements, benefits supplementing
                                                                                the minimum pension;
4)    Do the provisions on exemption in Article 32 of Regu-
      lation No 1808/2001 (2) mean that no assessment by the
                                                                          —     benefits supplementing the minimum pension do not
      authority in accordance with Article 2(w) of Regulation
                                                                                possess the characteristics of an autonomous benefit, but
      No 338/97 is required?
                                                                                must instead be regarded as an integral element of the
                                                                                benefit to be awarded,
(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the           —     the Court of Justice is requested to give a preliminary
    protection of species of wild fauna and flora by regulating trade           ruling on the validity of Annex IIa of Regulation No 1408/
    therein (OJ L 061 of 3.3.1997, p. 1).                                       71, inasmuch as it includes amongst the ‘non-exportable’
(2) Commission Regulation (EC) No 1808/2001 of 30 August 2001                   benefits listed in point H(e) (relating to Italy) the sup-
    laying down detailed rules concerning the implementation of                 plement to the minimum pension as provided for by the
    Council Regulation (EC) No 338/97 on the protection of species              Italian legislation;
    of wild fauna and flora by regulating trade therein (OJ L 250 of
    19.9.2001, p. 1).
                                                                          in other words, a ruling is requested on the question whether
                                                                          that annex is compatible with Articles 39 and 42 of the EC
                                                                          Treaty inasmuch as it precludes the exportability not of a
                                                                          special non-contributory benefit but rather of an element of a
                                                                          contributory benefit (in this case, an old-age pension) which
                                                                          cannot be subject to any residence requirement.
                                                                          (1) OJ L 149 of 5.7.1971, p. 2.
                                                                          (2) OJ L 136 of 19.5.1992, p. 1.
Reference for a preliminary ruling by the Tribunale di
Roma by order of that Court of 5 April 2002 in the
case of Lidia Marcaletti against Istituto nazionale della
                    previdenza sociale (INPS)
                         (Case C-158/02)
                                                                          Action brought on 2 May 2002 by the Kingdom of Spain
                                                                            against the Commission of the European Communities
                         (2002/C 144/47)
                                                                                                    (Case C-165/02)
                                                                                                    (2002/C 144/48)
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Roma
(Rome District Court) of 5 April 2002, received at the Court
Registry on 29 April 2002, for a preliminary ruling in the case
of Lidia Marcaletti against Istituto nazionale della previdenza           An action against the Commission of the European Communi-
sociale (INPS) (National Social Welfare Institution) on the               ties was brought before the Court of Justice of the European
following questions: Whereas:                                             Communities on 2 May 2002 by the Kingdom of Spain,
                                                                          represented by Rosario Silva de Lapuerta, Abogado del Estado,
                                                                          with an address for service in Luxembourg at the Spanish
—     Article 4 of Regulation (EEC) No 1408/71 (1) lists the              Embassy, 4-6, boulevard E. Servais.
      benefits from amongst the various branches of social
      security which fall within the substantive scope of that
      regulation;                                                         The applicant claims that the Court should:
                                                                          —    annul Commission Regulation (EC) No 494/2002 (1) of
—     Article 1(t) sets out a Community definition of the terms
                                                                                19 March 2002 establishing additional technical
      ‘benefits’ and ‘pensions’;
                                                                                measures for the recovery of the stock of hake in ICES
                                                                                sub-areas III, IV, V, VI and VII and ICES divisions VIII a,
—     Annex IIa, introduced by Regulation No 1247/92 (2) of                     b, d, e;
      30 April 1992, refers to the special non-contributory
      benefits which are subject to residence conditions;                 —    order the defendant institution to pay the costs.