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15.8.

98 EN Official Journal of the European Communities C 258/5

JUDGMENT OF THE COURT JUDGMENT OF THE COURT
(Sixth Chamber) (Sixth Chamber)
of 11 June 1998
of 11 June 1998
in Case C-206/96: Commission of the European
Communities v Grand Duchy of Luxembourg (1) in Case C-275/96 (reference for a preliminary ruling from
the Kammarrätt, Sundsvall): Anne Kuusijärvi v
(Failure by a Member State to fulfil its obligations Ð Riksförsäkringsverket (1)
Non-transposition of Directive 76/464/EEC)
(Social security Ð Regulation (EEC) No 1408/71 Ð
(98/C 258/08) Personal scope Ð Parental benefit Ð Maintenance of
entitlement to benefits after transfer of residence to
another Member State)
(Language of the case: French)
(98/C 258/09)

(Provisional translation; the definitive translation will be
published in the European Court Reports)
(Language of the case: Swedish)

In Case C-206/96: Commission of the European
Communities (Agents: Richard Wainwright and Jean-
Francis Pasquier) v Grand Duchy of Luxembourg (Agent:
(Provisional translation; the definitive translation will be
Nicolas Schmit) Ð application for a declaration that, by
published in the European Court Reports)
failing to adopt programmes for the reduction of pollution
including quality objectives for water, alternatively, by
failing to communicate to the Commission summaries of
those programmes and the results of their implementation,
contrary to Article 7 of Council Directive 76/464/EEC of In Case C-275/96: reference to the Court under Article 177
4 May 1976 on pollution caused by certain dangerous of the EC Treaty from the Kammarrätt (Administrative
substances discharged into the aquatic environment of the Court of Appeal), Sundsvall, Sweden, for a preliminary
Community (OJ L 129 of 18.5.1976, p. 23), the Grand ruling in the proceedings pending before that Court
Duchy of Luxembourg has failed to fulfil its obligations between Anne Kuusijärvi and Riksförsäkringsverket Ð on
under the EC Treaty Ð the Court (Sixth Chamber), the interpretation of a number of provisions of Council
composed of: H. Ragnemalm, President of the Chamber, Regulation (EEC) No 1408/71 of 14 June 1971 on the
R. Schintgen, G. F. Mancini, J. L. Murray and G. Hirsch application of social security schemes to employed
(Rapporteur), Judges; G. Tesauro, Advocate General; persons, to self-employed persons and to members of their
D. Louterman-Hubeau, Principal Administrator, for the families moving within the Community, and of Council
Registrar, has given a judgment on 11 June 1998, in Regulation (EEC) No 574/72 of 21 March 1972 laying
which it: down the procedure for implementing Regulation
No 1408/71, as amended and updated by Council
Regulation (EEC) No 2001/83 of 2 June 1983 (OJ L 230
of 22.8.1983, p. 6), and further amended by Council
1. Declares that, by failing to adopt programmes to
Regulation (EEC) No 2195/91 of 25 June 1991 (OJ L 206
reduce pollution in respect of 99 substances within
of 29.7.1991, p. 2) Ð the Court (Sixth Chamber),
List I in the annex to Council Directive 76/464/EEC
composed of: H. Ragnemalm, President of the Chamber,
of 4 May 1976 on pollution caused by certain
R. Schintgen (Rapporteur), G. F. Mancini, J. L. Murray
dangerous substances discharged into the aquatic
and G. Hirsch, Judges; F. G. Jacobs, Advocate General; H.
environment of the Community which require,
von Holstein, Deputy Registrar, for the Registrar, has
according to the first indent in List II, to be treated
given a judgment on 11 June 1998, in which it has ruled:
as substances in the latter list, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under
the said Directive;

1. Council Regulation (EEC) No 1408/71 of 14 June
2. Dismisses the remainder of the application; 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
3. Orders the Grand Duchy of Luxembourg to pay the
Regulation (EEC) No 2001/83 of 2 June 1983, applies
costs.
to a person who, on the entry into force of that
regulation in a Member State, was residing in that
(1) OJ C 269 of 14.9.1996. State as an unemployed person, having previously
been in employment there, and who, by reason of that
employment, was receiving unemployment benefit
under the social security scheme of that Member State.
C 258/6 EN Official Journal of the European Communities 15.8.98

2. Article 13(2)(f) of Regulation No 1408/71, as inserted P. LeÂger, Advocate General; R. Grass, Registrar, has given
by Council Regulation (EEC) No 2195/91 of 25 June a judgment on 11 June 1998, in which it has ruled:
1991, does not preclude the legislation of a Member
State from making the right of a person who has
ceased all occupational activity in its territory to
remain subject to its legislation dependent on his On a proper construction of Article 10a of Council
continued residence there. Regulation (EEC) No 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
3. Regulation No 1408/71 does not preclude the updated by Council Regulation (EEC) No 2001/83 of
legislation of a Member State from providing that a 2 June 1983, as subsequently amended by Council
person who has ceased all occupational activity in its Regulation (EEC) No 1247/92 of 30 April 1992, read in
territory loses the right to continue to receive family conjunction with Annex IIa, attendance allowance falls
benefits paid under that legislation on the ground that within the scope of that provision and is therefore a
he has transferred his residence to another Member special non-contributory benefit within the meaning of
State where he lives with the members of his family. Article 4(2a) of that regulation, with the result that the
position of a person, such as the applicant in the main
proceedings, who satisfied the conditions for the award of
(1) OJ C 294 of 5.10.1996. that benefit after 1 June 1992 when Regulation (EEC)
No 1247/92 entered into force, is governed exclusively by
the system of coordination established by the said
Article 10a.

(1) OJ C 318 of 26.10.1996.

JUDGMENT OF THE COURT
(Third Chamber)

of 11 June 1998

in Case C-297/96 (reference for a preliminary ruling from JUDGMENT OF THE COURT
the Social Security Commissioner): Vera A. Partridge v
(Fifth Chamber)
Adjudication Officer (1)
of 11 June 1998
(Social security Ð Special non-contributory benefits Ð
Articles 4(2a), 5 and 10a of and Annex VI to Regulation in Case C-361/96 (reference for a preliminary ruling from
(EEC) No 1408/71 Ð Attendance allowance Ð Non- the Finanzgericht Köln): SocieÂte GeÂneÂrale des Grandes
exportability) Sources d'Eaux MineÂrales FrancËaises v Bundesamt für
Finanzen (1)
(98/C 258/10)
(Value added tax Ð Interpretation of Article 3(a) of the
Eighth Council Directive 79/1072/EEC Ð Obligation of
tax-payers not established in the country concerned to
(Language of the case: English) Annex the original invoices or import documents to
applications for a refund of the tax Ð Possibility of
annexing a duplicate where the original has been lost for
reasons beyond the control of the tax-payer)
In Case C-297/96: reference to the Court under Article 177
of the EC Treaty by the Social Security Commissioner (98/C 258/11)
(United Kingdom) for a preliminary ruling in the
proceedings pending before him between Vera A. Partridge
and the Adjudication Officer Ð on the interpretation of
(Language of the case: German)
Council Regulation (EEC) No 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 (Provisional translation; the definitive translation will be
2 June 1983 (OJ L 230 of 22.8.1983, p. 6), as published in the European Court Reports)
subsequently amended by Council Regulation (EEC)
No 1247/92 of 30 April 1992 (OJ L 136 of 19.5.1992,
p. 1) Ð the Court (Third Chamber), composed of:
C. Gulmann, President of the Chamber, J. C. Moitinho In Case C-361/96: reference to the Court under Article 177
de Almeida (Rapporteur), and J.-P. Puissochet, Judges; of the EC Treaty from the Finanzgericht Köln (Finance