CELEX: C1997/357/01
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 25 September 1997 in Case C-307/96 (reference for a preliminary ruling from the Tribunal du Travail, Brussels): Salvatore Baldone v. Institut National d'Assurance Maladie-Invalidité (INAMI) (Article 95 (a) of Regulation (ECC) No 1408/71 - Regulation (EEC) No 1248/92 - Transitional provisions - Recalculation of a benefit on the competent institution's own initiative - Rights of persons concerned)

22 . 11 . 97          EN                  Official Journal of the European Communities                                       C 357/ 1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  the Community, as amended and updated by Council
                        (First Chamber)                               Regulation (EEC) No 2001 /83 of 2 June 1983, as
                                                                      amended by Council Regulation (EEC) No 1248/92 of
                     of 25 September 1997                             30 April 1992, precludes the competent institution of a
in Case C-307/96 (reference for a preliminary ruling from             Member State from applying on its own initiative the
the Tribunal du Travail, Brussels): Salvatore Baldone                 calculation rules contained in the amending Regulation to
v.    Institut  National      d'Assurance   Maladie-Invalidité        the detriment of the person concerned when the latter has,
                           (INAMI ) (»)                               before that Regulation entered into force on 1 June 1992,
                                                                      been awarded an invalidity pension in accordance with the
(Article 95 (a) of Regulation (ECC) No 1408/71 —                      provisions of Regulation (EEC) No 1408/71 that were
Regulation (EEC) No 1248/92 — Transitional provisions                 applicable prior to that date and the decision concerning
— Recalculation of a benefit on the competent                         the pension was rectified after 31 May 1992 .
institution 's own initiative — Rights of persons concerned)
                         ( 97/C 357/01 )                              (>) OJ C 354, 23 . 11 . 1996 .
                (Language of the case: French)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                                    JUDGMENT OF THE COURT
In Case C-307/96 : reference to the Court under Article 177                                    ( Sixth Chamber)
of the EC Treaty from the Tribunal du Travail ( Labour
Court), Brussels, for a preliminary ruling in the                                          of 30 September 1997
proceedings pending before that court between Salvatore               in Case C-36/96 (reference for a preliminary ruling from
Baldone and Institut National d'Assurance Maladie-Invali­             the Bundesverwaltungsgericht): Faik Günaydin, Hatice
dité ( INAMI) — on the interpretation of Article 95 ( a ) of          Günaydin, Günes Günaydin, Seda Günaydin v. Freistaat
Regulation ( EEC ) No 1408/71 of the Council of 14 June                                             Bayern ( l )
1971 on the application of social security schemes to
employed persons, to self-employed persons and to                     (EEC-Turkey Association Agreement — Decision of the
                                                                      Council of Association — Freedom of movement for
members of their families moving within the Community
( OJ, English Special Edition 1971 ( II ), p. 416 ), as               workers — Meaning of 'duly registered as belonging to
amended and updated by Council Regulation ( EEC )                     the labour force of a Member State' and 'legal
No 2001 /83 of 2 June 1983 ( OJ L 230, 22 . 8 . 1983 , p. 6 ),        employment' — Temporary and conditional work and
as amended by Council Regulation ( EEC ) No 1248/92 of                residence permits — Application for extension of residence
30 April 1992 ( OJ L 136, 19 . 5 . 1992, p. 7) — the Court                               permit — Abuse of rights)
( First Chamber), composed of: L. Sevón, President of the                                        ( 97/C 357/02 )
Chamber, D. A. O. Edward ( Rapporteur) and P. Jann,
Judges; M. B. Elmer, Advocate-General; R. Grass,                                     (Language of the case: German)
Registrar, has given a judgment on 25 September 1997, in
which it has ruled :
                                                                        (Provisional translation; the definitive translation will be
Article 95 (a) of Regulation (EEC) No 1408/71 of the                           published in the European Court Reports)
Council of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed                In Case C-36/96 : reference to the Court under Article 177
persons and to members of their families moving within                of the EC Treaty from the Bundesverwaltungsgericht