JUDGMENT OF 19. 12. 1968 — CASE 19/68 DE CICCO v LANDESVERSICHERUNGSANSTALT SCHWABEN
In Case 19/68 Reference to the Court under Article 177 of the Treaty establishing the European Economic Community by the Sozialgericht (Social Court), Augsburg, (6th Chamber) for a preliminary ruling in the action pending before that court between
THE COURT composed of: R. Lecourt, President, A. Trabucchi, President of Chamber, A. M. Donner, W. Strauß and P. Pescatore (Rapporteur), Judges, Advocate-General: J. Gand Registrar: A.Van Houtte
gives the following
JUDGMENT
Issues of fact and of law
I — Facts and procedure
II — Observations submitted to the Court
A — Admissibility
B — The substance of the case
Grounds of judgment
A — The jurisdiction of the Court
B — Whether the Italian social security institution should be made a party
C — The substance of the case
D — Costs
I —. Facts and procedure
II —. Observations submitted to the Court
A —. Admissibility
1. The Landesversicherungsanstalt Schwaben, the defendant in the main action, denies that the Sozialgericht, Augsburg, has jurisdiction to put the question which is the subject-matter of its decision to refer the matter to the Court.
2. The Government of the Italian Republic is of the opinion that it is for the national court alone to assess the extent to which the questions of interpretation which it submits to the Court of Justice are opportune and relevant.
3. The Commission of the European Communities takes the view that the Sozialgericht, being obliged to apply a Community regulation, has jurisdiction to put to the Court a question relating to the interpretation of the Treaty or of that regulation.
B —. The substance of the case
1. The applicant in the main action, De Cicco, agrees with the arguments put forward in the order of the Sozialgericht, Augsburg. He maintains, first, that as he was affiliated to social insurance in Italy for 84 months, he had thus amply completed, by the aggregation of the German and Italian contribution periods, the qualifying period required by German legislation and, secondly, that in Italy craftsmen form part of the same category as wage-earners and have the same pension rights as they have.
2. The Landesversicherungsanstalt Schwaben, the defendant in the main action, observes that the category of craftsmen appears neither in Annex 7 nor in Annex 9 to Regulation No 4 amongst the general or special schemes to which Community regulations apply. In this case it is not a matter of an error or omission; it was with full knowledge of the facts that the INPS, in agreement with the Italian Ministry of Labour and Social Security, has up to now always refused to assimilate craftsmen to wage-earners for the purposes of Regulation No. 3.
3. The Commission of the European Communities puts the problem thus: as it is a matter of invalidity benefits, the provisions applicable are essentially Articles 24 et seq. of Regulation No 3; as the person concerned has completed periods exclusively under Type B legislation, under which invalidity benefits are as a rule calculated in relation to the duration of completed periods, Article 26(1) of the Regulation makes Articles 27 et seq. applicable; in conformity with Article 27(1) the periods completed by Mr De Cicco by virtue of Italian legislation should in principle be aggregated, with a view to the acquisition of a right to benefit in Germany, with the periods completed under the German legislation; the whole problem is thus whether the Italian insurance periods are covered by Community law and more particularly whether craftsmen must be considered, for the application of the Regulation, as regards insurance periods completed by them under Italian legislation, as assimilated to wage-earners.
4. The Government of the Italian Republic maintains, with regard to Italian national law, that insurance periods completed within the framework of craftsmen's insurance, as provided for by Law No 463 of 4 July 1959, constitute insurance periods with all the results which that implies.
A —. The jurisdiction of the Court
B —. Whether the Italian social security institution should be made a party
C —. The substance of the case
D —. Costs
On those grounds, Upon reading the pleadings; Upon hearing the report of the Judge-Rapporteur; Upon hearing the observations of the applicant in the main action, De Cicco, the Landesversicherungsanstalt Schwaben, the defendant in the main action, the Government of the Italian Republic and the Commission of the European Communities ; Upon hearing the opinion of the Advocate-General; Having regard to the Treaty establishing the European Economic Community, especially Article 51; Having regard to Regulation No 3 of the Council concerning social security tor migrant workers, in particular Articles 1, 2, 3, 4, 24, 25, 26 and 27 and Annexes B and F thereto; Having regard to Regulation No. 4 of the Council on implementing procedures and supplementary provisions in respect of Regulation No 3, especially Articles 5, 30, 33 and 34 and Annexes 7 and 9 thereto; Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community, in particular Article 20; Having regard to the Rules of Procedure of the Court of Justice of the European Communities; THE COURT in answer to the question referred to it by the Sozialgericht, Augsburg, (6th Chamber) by order of 5 August 1968, hereby rules: