CELEX: C1999/204/02
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court of 20 April 1999 in Case C-241/97 (reference for a preliminary ruling from the Regeringsrätten in the proceedings brought before that court by Försäkringsaktiebolaget Skandia (publ) (Insurance Directives 73/239/EEC and 79/267/EEC - Restrictions on choice of assets)

17.7.1999               EN                      Official Journal of the European Communities                                                C 204/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1. Declares that, by establishing and maintaining in force a system
                                                                                 which, in cases of new installation or conversion of gas appliances,
                                                                                 requires that only sealed heaters be used in living areas, thereby
                          (Sixth Chamber)                                        implicitly prohibiting the installation of other types of heaters
                                                                                 which comply with Council Directive 90/396/EEC of 29 June
                                                                                 1990 on the approximation of the laws of the Member States
                         of 25 March 1999                                        relating to appliances burning gaseous fuels, the Italian Republic
                                                                                 has failed to fulfil its obligations under that directive;
in Case C-112/97: Commission of the European Communi-                        2. Orders the Italian Republic to pay the costs.
                     ties v Italian Republic (1)
                                                                             (1) OJ C 166 of 31.5.1997.
(Failure by a Member State to fulfil its obligations —
Directive 90/396/EEC — Heaters — Installation in living
                                areas)
                          (1999/C 204/01)
                                                                                              JUDGMENT OF THE COURT
                    (Language of the case: Italian)
                                                                                                        of 20 April 1999
(Provisional translation; the definitive translation will be published
                                                                             in Case C-241/97 (reference for a preliminary ruling from
                   in the European Court Reports)
                                                                             the Regeringsrätten in the proceedings brought before
                                                                               that court by Försäkringsaktiebolaget Skandia (publ) (1)
In Case C-112/97: Commission of the European Communities
(Agents: Paolo Stancanelli and Hans Støvlbaek) v Italian                     (Insurance Directives 73/239/EEC and 79/267/EEC —
Republic (Agent: Professor Umberto Leanza, assisted by Fran-                                  Restrictions on choice of assets)
cesca Quadri) — application for a declaration that, by estab-
lishing and maintaining a system which requires that only
sealed heaters be installed in living areas, thereby implicitly                                          (1999/C 204/02)
prohibiting the installation of other types of heaters which
comply with Council Directive 90/396/EEC of 29 June 1990
on the approximation of the laws of the Member States relating                                  (Language of the case: Swedish)
to appliances burning gaseous fuels (OJ 1990 L 196, p. 15),
the Italian Republic has failed to fulfil its obligations under
Community law — the Court (Sixth Chamber), composed of:                      (Provisional translation; the definitive translation will be published
G. Hirsch (President of the Second Chamber), acting as                                           in the European Court Reports)
President of the Sixth Chamber, G.F. Mancini, H. Ragnemalm,
R. Schintgen and K.M. Ioannou (Rapporteur), Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment                  In Case C-241/97: reference to the Court under Article 177 of
on 25 March 1999, in which it:                                               the EC Treaty from the Regeringsrätten (Sweden) for a
 ---pagebreak--- C 204/2                 EN                     Official Journal of the European Communities                                          17.7.1999
preliminary ruling in the criminal proceedings brought before                  court as against the national authorities, rendering inapplicable
that court by Försäkringsaktiebolaget Skandia (publ) — on the                  any contrary rule of national law.
interpretation of Article 18(1) of the First Council Directive
(73/239/EEC) of 24 July 1973 on the coordination of laws,
regulations and administrative provisions relating to the                 (1) OJ C 252 of 16.8.1997.
taking-up and pursuit of the business of direct insurance other
than life assurance (OJ 1973 L 228, p. 3), as amended by
Article 26 of Council Directive 92/49/EEC of 18 June 1992
on the coordination of laws, regulations and administrative
provisions relating to direct insurance other than life assurance
and amending Directives 73/239/EEC and 88/357/EEC (Third
Non-life Insurance Directive) (OJ 1992 L 228, p. 1), and of
Article 21(1) of the First Council Directive (79/267/EEC) of
5 March 1979 on the coordination of laws, regulations and
administrative provisions relating to the taking up and pursuit                            JUDGMENT OF THE COURT
of the business of direct life assurance (OJ 1979 L 63, p. 1), as
amended by Article 27 of Council Directive 92/96/EEC of
10 November 1992 on the coordination of laws, regulations                                           of 20 April 1999
and administrative provisions relating to direct life assurance
and amending Directives 79/267/EEC and 90/619/EEC (Third
Life Assurance Directive) (OJ 1992 L 360, p. 1) — the                     in Case C-360/97 (reference for a preliminary ruling from
Court, composed of: G.C. Rodrı́guez Iglesias, President, J.-P.            the Centrale Raad van Beroep): Herman Nijhuis v Bestuur
Puissochet, G. Hirsch and P. Jann, Presidents of Chambers, J.C.               van het Landelijk Instituut Sociale Verzekeringen (1)
Moitinho de Almeida (Rapporteur), C. Gulmann, J.L. Murray,
D.A.O. Edward, H. Ragnemalm, L. Sevón and M. Wathelet,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; H. von                  (Social security — Incapacity for work — Special scheme for
Holstein, Assistant Registrar, has given a judgment on 20 April           civil servants — Point 4(a) of Section J of Annex VI to
1999, in which it has ruled:                                              Regulation (EEC) No 1408/71 — Articles 48 and 51 of the
                                                                                                       EC Treaty)
                                                                                                    (1999/C 204/03)
1. On a proper construction of Article 18(1) of the First Council                             (Language of the case: Dutch)
    Directive (73/239/EEC) of 24 July 1973 on the coordination
    of laws, regulations and administrative provisions relating to the
    taking-up and pursuit of the business of direct insurance other
    than life assurance, as amended by Article 26 of Council              (Provisional translation; the definitive translation will be published
    Directive 92/49/EEC of 18 June 1992 on the coordination of                               in the European Court Reports)
    laws, regulations and administrative provisions relating to direct
    insurance other than life assurance and amending Directives
    73/239/EEC and 88/357/EEC (Third Non-life Insurance                   In Case C-360/97: reference to the Court under Article 177 of
    Directive), and of Article 21(1) of the First Council Directive       the EC Treaty from the Centrale Raad van Beroep (Higher
    (79/267/EEC) of 5 March 1979 on the coordination of                   Social Security Court) (Netherlands) for a preliminary ruling in
                                                                          the proceedings pending before that court between Herman
    laws, regulations and administrative provisions relating to the
                                                                          Nijhuis and Bestuur van het Landelijk Instituut Sociale Verze-
    taking-up and pursuit of the business of direct life assurance, as
                                                                          keringen — on the interpretation of Point 4(a) of Section J of
    amended by Article 27 of Council Directive 92/96/EEC of 10            Annex VI to Council Regulation (EEC) No 1408/71 of
    November 1992 on the coordination of laws, regulations and            14 June 1971 on the application of social security schemes to
    administrative provisions relating to direct life assurance and       employed persons, to self-employed persons and to members
    amending Directives 79/267/EEC and 90/619/EEC (Third Life             of their families moving within the Community, and of Point
    Assurance Directive), a rule of national law may not prohibit         2(b) of Section J of Annex 2 to Council Regulation (EEC)
    insurance undertakings from holding, as their free assets, shares     No 574/72 of 21 March 1972 laying down the procedure for
    representing more than 5 % of all the voting rights in a domestic     implementing Regulation No 1408/71, as amended and
    or foreign public limited company without administrative author-      updated by Council Regulation (EEC) No 2001/83 of 2 June
    isation.                                                              1983 (OJ 1983 L 230, p. 6), as adapted by Annex I, Part VIII,
                                                                          to the Act concerning the Conditions of Accession of the
                                                                          Kingdom of Spain and the Portuguese Republic and the
                                                                          Adjustments to the Treaties (OJ 1985 L 302, p. 23) — the
                                                                          Court, composed of: G.C. Rodrı́guez Iglesias, President, P.J.G.
                                                                          Kapteyn, J.-P. Puissochet and G. Hirsch (Presidents of
                                                                          Chambers), G.F. Mancini, J.C. Moitinho de Almeida, C. Gul-
2. Article 18(1) of Directive 73/239, as amended by Article 26 of         mann, L. Sevón and M. Wathelet (Rapporteur), Judges; G. Cos-
    Directive 92/49, and Article 21(1) of Directive 79/267, as            mas, Advocate General; H.A. Rühl, Principal Administrator,
    amended by Article 27 of Directive 92/96, are sufficiently            for the Registrar, has given a judgment on 20 April 1999, in
    precise and unconditional to be relied upon before the national       which it has ruled: