CELEX: C1998/209/47
Language: en
Date: 1998-07-04 00:00:00
Title: Reference for a preliminary ruling by the Seventh Chamber of the Tribunal Correctionel, Arlon, by judgment of that court of 2 April 1998 in the case of Ministère Public against André Mazzoleni - parties claiming damages: Eric Guillaume, Michel Pedon, Christian Fondeur, Christian Simonin, Jérôme Canini; liable under civil law: Inter Surveillance Assistance SARL (Case C-165/98)

4.7.98                EN                 Official Journal of the European Communities                                        C 209/23
     subsequently amended, and in particular Articles 3(1),         presumption in respect of the war years if the person
     5(3) and 6(2) thereof, valid, in the light of Article 40       concerned can claim a pension under a foreign scheme for
     and Articles 30 to 36 of the EC Treaty?                        those periods of employment) constitute a clause for
                                                                    reduction, suspension or withdrawal declared inapplicable
(1) OJ L 170, 28.6.1997, p. 3.                                      by the new provisions of Regulation (EEC) No 1248/92?
(2) OJ L 177, 1.7.1981, p. 4.
                                                                    (1) Council Regulation (EEC) No 1248/92 of 30 April 1992
                                                                        amending Regulation (EEC) No 1408/71 on the application of
                                                                        social security schemes¼ (OJ L 136, 19.5.1992, p. 7).
Reference for a preliminary ruling by the Third Chamber
of the Tribunal de Travail, Mons, by judgment of that
court of 21 April 1998, in the case of Georges Platbrood            Reference for a preliminary ruling from the
           v. Office National des Pensions (ONP)                    Oberlandesgericht Köln, by order of that court of
                       (Case C-161/98)                              13 March 1998 in proceedings concerning an
                                                                       administrative fine imposed on Hans-Jürgen Hartmann
                         (98/C 209/45)
                                                                                             (Case C-162/98)
                                                                                              (98/C 209/46)
Reference has been made to the Court of Justice of the
European Communities by judgment of the Third
                                                                    Reference has been made to the Court of Justice of the
Chamber of the Tribunal de Travail (Labour Tribunal),
                                                                    European Communities by order of the Oberlandesgericht
Mons, of 21 April 1998, which was received at the Court
                                                                    Köln (Higher Regional Court, Cologne) of 13 March
Registry on 27 April 1998, for a preliminary ruling in the
                                                                    1998, received at the Court Registry on 27 April 1998, for
case of Georges Platbrood v. Office National des Pensions
                                                                    a preliminary ruling in the proceedings concerning an
(ONP), on the following questions:
                                                                    administrative fine imposed on Hans-Jürgen Hartmann,
                                                                    on the following question (1):
Do the new provisions in Regulation (EEC) No 1248/92
requiere Belgium to grant a beneficiary the right to a              Does the exemption from charges afforded to motor
retirement pension calculated on the basis of a work                vehicles belonging to road maintenance and operation
record comprising in part years in the course of which              services' apply only to vehicles belonging to regional and/
presumed or notional contributions must be taken into               or local authorities, or does it also apply to vehicles
account Ð unless the person concerned can claim a                   belonging to private contractors acting on behalf of such
pension under a foreign scheme for those periods of                 authorities?
employment (principle that there is a legal presumption in
respect of the war years, as laid down by Article 32(1) of          In the latter case:
the Royal Decree of 21 December 1967 establishing
general rules for the retirement and survival pension               does the exemption from charges apply only in respect of
scheme for employees prior to its repeal by the Royal               journeys undertaken for that purpose, or does it apply
Decree of 14 December 1990 Ð although it remains                    generally to all journeys made using such vehicles, thus
applicable to retirement pensions which became payable              including those undertaken on business relating to the
for the first time before 1 January 1991) in circumstances          contractor's manufacturing operations?
where, specifically, the person concerned has been
awarded a retirement pension payable by Germany on the              (1) Concerning the interpretation of Article 4(1) of the Agreement
basis of actual contributions corresponding to the                      of 9 February 1994 on the levying of charges for the use of
presumed or notional contributions which may be taken                   certain roads by heavy commercial vehicles (Bundesgesetzblatt
                                                                        [Federal Gazette], Part II, p. 1768).
into account under the Belgian legislation?
In other words, must the new provisions of Regulation
(EEC) No 1248/92 (1) be interpreted as authorising
overlapping, without reduction, suspension or withdrawal
of a retirement pension awarded to a Belgian, payable by            Reference for a preliminary ruling by the Seventh
Belgium and calculated on the basis of presumed or                  Chamber of the Tribunal Correctionel, Arlon, by
notional contributions by virtue of the principle that there        judgment of that court of 2 April 1998 in the case of
is a legal presumption in respect of the war years, as laid         MinisteÁre Public against AndreÂ Mazzoleni Ð parties
down by Article 32(1) of the Royal Decree of 21 December            claiming damages: Eric Guillaume, Michel Pedon,
1967 (subject to the reservation contained in that                  Christian Fondeur, Christian Simonin, JeÂrôme Canini;
provision whereby the person concerned may not,                      liable under civil law: Inter Surveillance Assistance SARL
however, claim a pension under a foreign scheme for those                                    (Case C-165/98)
periods of employment) with the benefit of a retirement
pension payable by Germany calculated on the basis of                                         (98/C 209/47)
actual contributions covering the same period or, on the
contrary, might the exception provided for by Article 32(1)         Reference has been made to the Court of Justice of the
of the Royal Decree of 21 December 1967 (no legal                   European Communities by judgment of the Seventh
 ---pagebreak--- C 209/24              EN                 Official Journal of the European Communities                                     4.7.98
Chamber of the Tribunal Correctionel (Criminal Court),              Are Council Directives 92/83 (1) and 92/84 (2) on the
Arlon, of 2 April 1998, received at the Court Registry on           harmonisation of excise duties invalid from the point of
29 April 1998, for a preliminary ruling in the case of              view of the EC Treaty and in particular the second
MinisteÁre Public (Public Prosecutor's Office) against AndreÂ       paragraph of Article 95 of the Treaty, in that they
Mazzoleni Ð parties claiming damages: Eric Guillaume,
Michel Pedon, Christian Fondeur, Christian Simonin,                 Ð fix a minimum rate of tax on beer of ECU 1.87 per
JeÂrôme Canini; liable under civil law: Inter Surveillance              degree per hectolitre
Assistance SARL Ð on the following questions:
                                                                    Ð whereas they authorise taxation of wine by reference
Ð In Directive 96/71/EC of the European Parliament and                  solely to the volume, with a minimum rate of zero,
     of the Council of 16 December 1996 concerning the
     posting of workers in the framework of the provision           thus requiring Member States to raise the tax on beer to
     of services (1), does the term period of posting'             the said minimum rate and so bringing about the creation
     encompass the part-time period spent, whether                  of tax differentials liable to discriminate between wine and
     randomly or not, by a frontier-zone worker who                 beer?
     comes from an undertaking in a Member State,
     performing, in the course of days, weeks or a month, a         (1) OJ L 316, 31.10.1992, p. 21.
     part of his services in the adjacent territory or              (2) OJ L 316, 31.10.1992, p. 29.
     territories of one or more other Member States?
Ð Are Articles 59 and 60 of the EC Treaty to be
     interpreted as being infringed where a Member State,
     for overriding reasons relating to the public interest,
     requires any undertaking from another Member State             Reference for a preliminary ruling from the Oberste
     employing persons, even temporarily, on the territory          Gerichtshof, Vienna, by order of that court of 15 April
     of the first State to comply with its legislation or           1998 in the case of Westdeutsche Landesbank
     collective labour agreements relating to minimum               Girozentrale against Johannes Leon, acting as
     wages, where that interest is already protected by the         administrator of the assets of Grundstücks- und Baupro-
     rules of the State in which the service provider is            jektentwicklungsgesellschaft mbH in the insolvency
     established and workers there are already in a                             proceedings concerning that company
     comparable or similar position on the basis not solely
                                                                                            (Case C-167/98)
     of the legislation relating to minimum wages but of
     the overall position (impact of taxation, welfare                                       (98/C 209/49)
     protection in relation to illness, including under the
     obligatory supplementary insurance which applies in            Reference has been made to the Court of Justice of the
     France, and to industrial accidents, widowhood,                European Communities by order of the Oberste
     unemployment, retirement and death)?                           Gerichtshof (Supreme Court), Vienna, of 15 April 1998,
                                                                    received at the Court Registry on 30 April 1998, for a
Ð In the same context, put differently: are the temporary
                                                                    preliminary ruling in the case of Westdeutsche Landesbank
     national obligations set for employees to be
                                                                    Girozentrale against Johannes Leon, acting as
     understood as solely the minimum hourly rate of pay
                                                                    administrator of the assets of Grundstücks- und Baupro-
     without assessing the overall position as regards the
                                                                    jektentwicklungsgesellschaft mbH in the insolvency
     welfare protection enjoyed by employees who are
                                                                    proceedings concerning that company, on the following
     required in their work to move from one State to
                                                                    question:
     another?
                                                                    Does the refusal to allow a mortgage to be created to
(1) OJ L 18, 24.1.1997, p. 1.
                                                                    cover an existing foreign-currency debt (in this case in
                                                                    German marks (DM)) constitute a restriction on the
                                                                    movement of capital and payments compatible with
                                                                    Article 73(b) of the EC Treaty?
Reference for a preliminary ruling from the Tribunal de
Grande Instance, Foix, by judgment of that court of
21 April 1998 in the case of SocieÂteÂ Critouridienne de
       Distribution v. Receveur Principal des Douanes
                                                                    Action brought on 4 May 1998 by the Grand Duchy of
                        (Case C-166/98)
                                                                    Luxembourg against the European Parliament and the
                         (98/C 209/48)                                             Council of the European Union
                                                                                            (Case C-168/98)
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Tribunal de                                        (98/C 209/50)
Grande Instance (Regional Court), Foix (France), of
21 April 1998, which was received at the Court Registry             An action against the European Parliament and the
on 29 April 1998, for a preliminary ruling in the case of           Council of the European Union was brought before the
SocieÂteÂ Critouridienne de Distribution v. Receveur                Court of Justice of the European Communities on 4 May
Principal des Douanes on the following question:                    1998 by the Grand Duchy of Luxembourg, represented by