JUDGMENT OF 22. 2. 1979 — CASE 144/78 TINELLI v BERUFSGENOSSENSCHAFT DER CHEMISCHEN INDUSTRIE
In Case 144/78 REFERENCE to the Court under Article 177 of the EEC Treaty by the Landessozialgericht (Regional Social Court) Baden-Württemberg for a preliminary ruling in the proceedings pending before that court between
THE COURT composed of: H. Kutscher, President, J. Mertens de Wilmars and Lord Mackenzie Stuart (Presidents of Chambers), A. M. Donner, P. Pescatore, M. Sørensen, A. O'Keeffe, G. Bosco and A. Touffait, Judges, Advocate General: J.-P. Warner Registrar: A. Van Houtte
gives the following
JUDGMENT
Facts and Issues
I — Facts and written procedure
A — The national legislation applicable
B — The relevant Community provisions
C — Facts
D — The reference for a preliminary ruling
II — Summary of written observations submitted in pursuance of Article 20 of the Protocol on the Statute of the Court of Justice of the EEC
A — Observations submitted by the German Government
B — Observations submitted by the Italian Government
C — Observations submitted by the Council of the European Communities
D — Observations submitted by the Commission of the European Communities
Decision
Costs
I —. Facts and written procedure
A —. The national legislation applicable
B —. The relevant Community provisions
C —. Facts
D —. The reference for a preliminary ruling
(a). Article 50, in conjunction with Annex GIA2, of Regulation No 3 of the Council of 25 August 1958 concerning social security for migrant workers; and
(b). Article 89, in conjunction with Annex VC 1 (b), of Regulation No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community,
II —. Summary of written observations submitted in pursuance of Article 20 of the Protocol on the Statute of the Court of Justice of the EEC
A —. Observations submitted by the German Government
B —. Observations submitted by the Italian Government
C —. Observations submitted by the Council of the European Communities
D —. Observations submitted by the Commission of the European Communities
1. By order of 19 May 1978, received at the Court on 19 June 1978, the Landessozialgericht Baden-Württemberg referred to the Court, for a preliminary ruling in pursuance of Article 177 of the EEC Treaty, a question relating to the compatibility with Article 51 of the Treaty of Article 50, in conjunction with Annex GIA2, of Regulation No 3 of the Council of 25 September 1958 concerning social security for migrant workers (Journal Officiel 1958, p. 561), and of Article 89, in conjunction with Annex VC 1 (b), of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (Official Journal, English Special Edition, 1971 (II), p. 416).
2. This question arose within the context of an action concerning the right to payment of an invalidity pension under German legislation of an Italian national, the plaintiff in the main action, who, when he was employed at Stassfurt (at present on the territory of the German Democratic Republic) suffered an accident at work on 27 September 1944.
3. In 1969 the person concerned made an application for a pension to the Berufsgenossenschaft der chemischen Industrie (Social Insurance Fund for the Chemical Industry, hereinafter referred to as the Fund), the defendant in the main action, but on 14 March 1974 was refused a pension on the ground that at that time he resided outside the territory of the Federal Republic of Germany.
4. With a view to facilitating the economic and social integration of refugees and persons deported who could not assen their insurance rights because the competent institutions were no longer in existence or were outside the territory of the Federal Republic of Germany, the Fremdrenten- und Auslandsrentengesetz took responsibility under certain conditions for the rights of parties concerned, whether or not they were German nationals.
5. The Landessozialgericht Baden-Württemberg inquires whether Article 50 of. Regulation No 3 in conjunction with Annex GIA2 thereto and Article 89 of Regulation No 1408/71 in conjunction with Annex VC 1 (b) thereto are or are not compatible with Article 51 of the EEC Treaty.
6. Annex GIA2 to Regulation No 3 reads as follows:
7. In its observations the German Government has emphasized that the purpose of the legislation on substitute pensions is to facilitate the re-integration, following events connected with the National Socialist régime and the Second World War, of exiles and refugees who contribute by their work to reconstruction in the Federal Republic of Germany.
8. In its judgment of 31 March 1977 in Case 79/76 (Fossi, [1977] ECR 667), the Court ruled that the provisions of Regulations Nos 3 and 1408/71 with regard to equality of treatment for the nationals of one Member State and those of other Member States of the Community did not apply to benefits of the kind referred to in the German legislation in respect of insurance periods completed before 1945 outside the territory of the Federal Republic of Germany.
9. The exclusion from the field of social security within the meaning of the Treaty applies to an invalidity pension following an accident at work in the same way as it applies to an invalidity pension not following such an accident since both such benefits correspond to the criteria set out above justifying such an exclusion.
10. In stating its reasons for referring this question to the Court the Landessozialgericht raised the question whether the provisions at issue do not conflict with a superior rule of law and whether in consequence Article 10 (1) of Regulation No 3 and Article 10 (1) of Regulation No 1408/71 must be applied without the restriction laid down in the annexes.
11. However, Article 51 of the Treaty refers only to social security benefits, so that the Council is not required to adopt provisions relating to benefits not covered by social security.
12. The answer to be given to the question submitted should be that consideration of the provisions of Article 50 of Regulation No 3 in conjunction with Annex GIA thereto and of Article 89 of Regulation No 1408/71 in conjunction with Annex VC 1 (b), thereto has disclosed no factor of such a kind as to affect the validity of those provisions.
13. The costs incurred by the Government of the Federal Republic of Germany, the Government of the Italian Republic and the Council and Commission of the European Communities, which have submitted observations to the Court, are not recoverable.
On those grounds, THE COURT, in answer to the question referred to it by the Landessozialgericht Baden-Württemberg by order of 19 May 1978, hereby rules: