CELEX: C2002/274/04
Language: en
Date: 2002-11-09 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 24 September 2002 in Case C-471/99 (Reference for a preliminary ruling from the Sozialgericht Nürnberg): Alfredo Martínez Domínguez, Joaquín Benítez Urbano, Agapito Mateos Cruz, Carmen Calvo Fernández v Bundesanstalt für Arbeit, Kindergeldkasse (Regulation (EEC) No 1408/71 — Articles 77 and 78 — Pensioners under the legislation of several Member States — Pensioners under a social-security convention between Member States concluded prior to accession to the European Communities — Benefits for dependent children and for orphans of pensioners — Entitlement to family benefits for which the competent institution of a Member State other than that of residence is responsible — Conditions of entitlement)

9.11.2002               EN                        Official Journal of the European Communities                                              C 274/3
a preliminary ruling in the proceedings pending before that                                    JUDGMENT OF THE COURT
court between Baumbast, R and Secretary of State for the
Home Department, on the interpretation of Article 18 EC and                                            (Sixth Chamber)
Article 12 of Regulation (EEC) No 1612/68 of the Council of
15 October 1968 on freedom of movement for workers
within the Community (OJ, English Special Edition 1968 (II),                                       of 24 September 2002
p. 475), the Court, composed of: G.C. Rodríguez Iglesias,
President, P. Jann, F. Macken (Rapporteur), N. Colneric and                  in Case C-471/99 (Reference for a preliminary ruling from
S. von Bahr (Presidents of Chambers), C. Gulmann,                            the Sozialgericht Nürnberg): Alfredo Martínez Domín-
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,                 guez, Joaquín Benítez Urbano, Agapito Mateos Cruz,
V. Skouris, J.N. Cunha Rodrigues and C.W.A. Timmermans,                      Carmen Calvo Fernández v Bundesanstalt für Arbeit,
Judges; L.A. Geelhoed, Advocate General; L. Hewlett, Adminis-                                         Kindergeldkasse ( 1)
trator, for the Registrar, has given a judgment on 17 September
2002, in which it has ruled:
                                                                             (Regulation (EEC) No 1408/71 — Articles 77 and 78 —
                                                                             Pensioners under the legislation of several Member States
                                                                             — Pensioners under a social-security convention between
1.    Children of a citizen of the European Union who have installed         Member States concluded prior to accession to the European
      themselves in a Member State during the exercise by their              Communities — Benefits for dependent children and for
      parent of rights of residence as a migrant worker in that              orphans of pensioners — Entitlement to family benefits for
      Member State are entitled to reside there in order to attend           which the competent institution of a Member State other
      general educational courses there, pursuant to Article 12 of           than that of residence is responsible — Conditions of
      Regulation (EEC) No 1612/68 of the Council of 15 October                                            entitlement)
      1968 on freedom of movement for workers within the
      Community. The fact that the parents of the children concerned                                    (2002/C 274/04)
      have meanwhile divorced, the fact that only one parent is a
      citizen of the Union and that parent has ceased to be a migrant
                                                                                                 (Language of the case: German)
      worker in the host Member State and the fact that the children
      are not themselves citizens of the Union are irrelevant in this
      regard.                                                                (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
2.    Where children have the right to reside in a host Member State
      in order to attend general educational courses pursuant to
                                                                             In Case C-471/99: Reference to the Court under Article 177
      Article 12 of Regulation (EEC) No 1612/68, that provision
                                                                             of the EC Treaty (now Article 234 EC) by the Sozialgericht
      must be interpreted as entitling the parent who is the primary
                                                                             Nürnberg (Germany) for a preliminary ruling in the proceed-
      carer of those children, irrespective of his nationality, to reside
                                                                             ings pending before that court between Alfredo Martínez
      with them in order to facilitate the exercise of that right
                                                                             Domínguez, Joaquín Benítez Urbano, Agapito Mateos Cruz,
      notwithstanding the fact that the parents have meanwhile
                                                                             Carmen Calvo Fernández and Bundesanstalt für Arbeit, Kinder-
      divorced or that the parent who has the status of citizen of the
                                                                             geldkasse, on the interpretation of Articles 77(2)(b), 78(2)(b)
      European Union has ceased to be a migrant worker in the host
                                                                             and 79(1) of Council Regulation (EEC) No 1408/71 of
      Member State.
                                                                             14 June 1971 on the application of social security schemes to
                                                                             employed persons, to self-employed persons and to members
                                                                             of their families moving within the Community, as amended
3.    A citizen of the European Union who no longer enjoys a right           and updated by Council Regulation (EEC) No 2001/83 of
      of residence as a migrant worker in the host Member State can,         2 June 1983 (OJ 1983 L 230, p. 6), the Court (Sixth
      as a citizen of the Union, enjoy there a right of residence by         Chamber), composed of: F. Macken, President of the Chamber,
      direct application of Article 18(1) EC. The exercise of that right     C. Gulmann (Rapporteur), R. Schintgen, V. Skouris and
      is subject to the limitations and conditions referred to in that       J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;
      provision, but the competent authorities and, where necessary,         L. Hewlett, Administrator, for the Registrar, has given a
      the national courts must ensure that those limitations and             judgment on 24 September 2002, in which it has ruled:
      conditions are applied in compliance with the general principles
      of Community law and, in particular, the principle of pro-
                                                                             Articles 77(2)(b) and 78(2)(b) of Council Regulation (EEC) No
      portionality.
                                                                             1408/71 of 14 June 1971 on the application of social security
                                                                             schemes to employed persons, to self-employed persons and to
                                                                             members of their families moving within the Community, as amended
                                                                             and updated by Council Regulation (EEC) No 2001/83 of 2 June
( 1) OJ C 6 of 8.1.2002.                                                     1983, and read in conjunction with Article 79(1) thereof, must be
                                                                             interpreted as meaning that the competent institution of a Member
                                                                             State other than that of the residence of a person in receipt of an old-
                                                                             age or invalidity pension, or of the residence of orphans of a deceased
                                                                             worker, is not required to grant the persons concerned benefits for
                                                                             dependent children or for orphans where the conditions laid down by
 ---pagebreak--- C 274/4                  EN                      Official Journal of the European Communities                                           9.11.2002
the legislation of the Member State of residence for the award of such      composed of: N. Colneric, President of the Second Chamber,
benefits are not or are no longer satisfied and where the entitlement       acting for the President of the Sixth Chamber, C. Gulmann,
of the pensioner or of the orphans claiming under the deceased worker       J.-P. Puissochet, R. Schintgen (Rapporteur) and V. Skouris,
is not acquired, in the other Member State, solely under the legislation    Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Adminis-
of that State. None the less, in such a situation, the competent            trator, Registrar, has given a judgment on 17 September 2002,
institution of the Member State other than that of residence may be         in which it has ruled:
required to award the benefit at issue under a social-security
convention entered into by the two Member States concerned and
                                                                            1.    Article 2(1) of the Sixth Council Directive 77/388/EEC of
incorporated in their national law prior to the entry into force of the
                                                                                  17 May 1977 on the harmonisation of the laws of the Member
Regulation, where the persons concerned have an established right to
                                                                                  States relating to turnover taxes — Common system of value
continued application of that convention after the entry into force of
                                                                                  added tax: uniform basis of assessment must be interpreted as
the Regulation.
                                                                                  meaning that a supply of services which is effected for
                                                                                  consideration but is not based on enforceable obligations,
                                                                                  because it has been agreed that the provider is bound in honour
( 1) OJ C 122 of 29.4.2000.                                                       only to provide the services, constitutes a transaction subject to
                                                                                  value added tax.
                                                                            2.    Article 11A(1)(a) of the Sixth Directive 77/388 must be
                                                                                  interpreted as meaning that the full amount of the entry fees
                                                                                  received by the organiser of a competition constitutes the taxable
                                                                                  amount for that competition where the organiser has that
                                                                                  amount freely at his disposal.
                                                                            (1 ) OJ C 47 of 19.2.2000.
                  JUDGMENT OF THE COURT
                           (Sixth Chamber)
                       of 17 September 2002                                                   JUDGMENT OF THE COURT
                                                                                                   of 17 September 2002
in Case C-498/99 (Reference for a preliminary ruling from
the VAT and Duties Tribunal, Manchester): Town &
County Factors Ltd v Commissioners of Customs and                           in Case C-513/99 (Reference for a preliminary ruling from
                               Excise ( 1)                                  the Korkein hallinto-oikeus): Concordia Bus Finland Oy
                                                                                   Ab v Helsingin kaupunki, HKL-Bussiliikenne (1)
(Sixth VAT Directive — Scope — Competition whose                            (Public service contracts in the transport sector — Directives
 organiser binds himself in honour only — Taxable amount)                   92/50/EEC and 93/38/EEC — Contracting municipality
                                                                            which organises bus transport services and an economically
                                                                            independent entity of which participates in the tender
                           (2002/C 274/05)                                  procedure as a tenderer — Taking into account of criteria
                                                                            relating to the protection of the environment to determine
                                                                            the economically most advantageous tender — Whether
                     (Language of the case: English)                        permissible when the municipal entity which is tendering
                                                                                             meets those criteria more easily)
                                                                                                       (2002/C 274/06)
In Case C-498/99: Reference to the Court under Article 234
                                                                                                (Language of the case: Finnish)
EC by the VAT and Duties Tribunal, Manchester (United
Kingdom), for a preliminary ruling in the proceedings pending
before that tribunal between Town & County Factors Ltd and                  (Provisional translation; the definitive translation will be published
Commissioners of Customs and Excise, on the interpretation                                      in the European Court Reports)
of Articles 2(1), 6(1) and 11A(1) 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: uniform basis of assess-                  In Case C-513/99: Reference to the Court under Article 234
ment (OJ 1977 L 145, p. 1), the Court (Sixth Chamber),                      EC by the Korkein hallinto-oikeus (Finland) for a preliminary