61967J0006

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FREE MOVEMENT OF PERSONS - MIGRANT WORKERS - INSURANCE - LANGUAGES - AUTHORITIES OF MEMBER STATES WITHIN THE MEANING OF ARTICLE 45(4 ) OF REGULATION NO 3 - NATIONAL COURTS TO BE INCLUDED THEREIN

THE COURTS OF A MEMBER STATE HAVING JURISDICTION IN SOCIAL SECURITY MATTERS ARE INCLUDED AMONGST THE AUTHORITIES WITHIN THE MEANING OF ARTICLE 45(4 ) OF REGULATION NO 3, WHICH MAY NOT REJECT CLAIMS, OR OTHER DOCUMENTS SUBMITTED TO THEM, ON THE GROUNDS THAT THEY ARE WRITTEN IN AN OFFICIAL LANGUAGE OF ANOTHER MEMBER STATE .

IN CASE 6/67

REFERENCE TO THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY BY IIIRD CHAMBER, SECTION D' ADMINISTRATION, OF THE BELGIAN CONSEIL D' ETAT FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

TERESA PACE ( NEE GUERRA ), WIDOW OF PIETRO PACE, RESIDING AT CASCINA MORTAIO, LENO, BRESCIA ( ITALY ),

PLAINTIFF,

AND

INSTITUT NATIONAL D' ASSURANCE MALADIE - INVALIDITE, 211 AVENUE DE TERVUEREN, BRUSSELS 15,

DEFENDANT,

P.222

WHEN AN APPLICATION DRAWN UP IN ITALIAN WAS BROUGHT BEFORE IT, THE CONSEIL D' ETAT OF THE KINGDOM OF BELGIUM, CONSIDERING THAT, ACCORDING TO THE RELEVANT RULES OF NATIONAL LAW, ONLY APPLICATIONS WRITTEN IN ONE OF THE KINGDOM'S THREE OFFICIAL LANGUAGES ARE ADMISSIBLE, REFERRED TO THE COURT A PRELIMINARY QUESTION WHETHER IT IS TO BE CONSIDERED AS ONE OF THE ' INSTITUTIONS AND AUTHORITIES ', WHICH UNDER ARTICLE 45(4 ) OF REGULATION NO 3, CONCERNING SOCIAL SECURITY FOR MIGRANT WORKERS, ADOPTED BY THE COUNCIL OF THE EEC ON 25 SEPTEMBER 1958, ARE PRECLUDED FROM REJECTING CLAIMS, OR OTHER DOCUMENTS SUBMITTED TO THEM, ON THE GROUNDS THAT THEY ARE WRITTEN IN AN OFFICIAL LANGUAGE OF ANOTHER MEMBER STATE . THE QUESTION THEREFORE TURNS ESSENTIALLY ON WHETHER COURTS MUST BE INCLUDED AMONGST THE ' INSTITUTIONS AND AUTHORITIES ' WITHIN THE MEANING OF THE SAID ARTICLE 45 .

P.223

IN DEFINING THE VARIOUS TERMS FOR THE PURPOSES OF THE IMPLEMENTATION OF THE SAID REGULATION, ARTICLE 1 THEREOF DEFINES THE TERMS ' INSTITUTION ' AND ' COMPETENT INSTITUTION ' BUT ONLY GIVES A DEFINITION FOR THE TERM ' COMPETENT AUTHORITY ' AND DOES NOT GIVE ONE FOR THE EXPRESSION ' AUTHORITY '. IT IS CLEAR FROM THE SAID DEFINITIONS THAT COURTS CANNOT BE CONSIDERED AS INSTITUTIONS OR COMPETENT INSTITUTIONS OR AS COMPETENT AUTHORITIES WITHIN THE SPECIAL MEANING OF THE SAID REGULATION . SINCE THE TERM ' AUTHORITIES ' IS NOT DEFINED IN THE SAID ARTICLE 1, THE CONTENT OF THE EXPRESSION MUST BE SOUGHT IN THE LIGHT OF THE CONTEXT IN WHICH IT IS FOUND .

NEITHER THE TERM ' AUTHORITIES ' NOR THE CORRESPONDING TERMS USED IN THE PROVISIONS OF THE REGULATION IN GERMAN, ITALIAN OR DUTCH IN PRINCIPLE PRECLUDE THEIR APPLICATION TO JUDICIAL AUTHORITIES . IT MUST BE CONSIDERED FIRST AND FOREMOST WHETHER THE OBLIGATION, WHICH FALLS ON THE AGENCIES ENTRUSTED WITH THE DAILY APPLICATION OF LEGISLATION CONCERNING SOCIAL SECURITY, TO ADMIT CLAIMS WRITTEN IN THE OFFICIAL LANGUAGE OF ANOTHER MEMBER STATE ALSO PROPERLY FALLS ON THE AUTHORITIES ENTRUSTED WITH THE JUDICIAL REVIEW OF SUCH APPLICATION, SINCE, ACCORDING TO THE PRINCIPLES OF LEGAL PROTECTION IN ALL THE MEMBER STATES, THIS REVIEW CONSTITUTES A NECESSARY GUARANTEE OF ADMINISTRATIVE ACTION .

SECONDLY, THE BILATERAL CONVENTIONS ON SOCIAL SECURITY WHICH REGULATION NO 3 REPLACED NORMALLY INCLUDED CLAUSES ON THE USE OF LANGUAGES REQUIRING THE COURTS OF THE CONTRACTING STATES TO ACCEPT DOCUMENTS DRAWN UP IN THE OFFICIAL LANGUAGES OF THOSE STATES . THERE IS NOTHING TO INDICATE THAT WHEN THE COUNCIL AND THE MEMBER STATES REPLACED THOSE CONVENTIONS BY REGULATION NO 3, THEY INTENDED TO DEPRIVE MIGRANT WORKERS OF A RIGHT PREVIOUSLY ACCORDED THEM .

THIS INTERPRETATION IS IN NO WAY CONTRADICTED BY ARTICLE 47 WHICH PROVIDES THAT ANY CLAIM, DECLARATION OR APPEAL WHICH SHOULD HAVE BEEN SUBMITTED WITHIN A SPECIFIED PERIOD TO AN AUTHORITY, INSTITUTION OR OTHER AGENCY OF THAT STATE SHALL BE ADMISSIBLE IF IT IS SUBMITTED WITHIN THE SAME PERIOD TO AN AUTHORITY, INSTITUTION OR OTHER CORRESPONDING AGENCY OF ANOTHER MEMBER STATE . THIS PROVISION ALSO REFERS TO COURTS, AS IS ILLUSTRATED BY THE REFERENCE TO APPEALS, BUT NOTHING PROVES THAT THE SAID COURTS MUST BE INCLUDED AMONGST THE OTHER AGENCIES REFERRED TO BY THE ARTICLE . ON THE OTHER HAND THIS EXPRESSION IS LITTLE USED TO DESCRIBE JUDICIAL AUTHORITIES AND PROBABLY REFERS TO WIDELY DIFFERENT TRIBUNALS, SO THAT THE COURTS REFERRED TO BY ARTICLE 47 MUST BE INCLUDED IN THE APPELLATION ' AUTHORITY ' USED BY THIS PROVISION, THUS CONFIRMING THAT IT WAS THE INTENTION OF ARTICLE 45 TO REFER TO COURTS BY THIS TERM .

IT FOLLOWS FROM THE FOREGOING THAT A PROPER INTERPRETATION OF ARTICLE 45(4 ) MUST INCLUDE THE COMPETENT NATIONAL COURTS IN SOCIAL SECURITY MATTERS AMONGST THE AUTHORITIES TO WHICH THE PROVISION REFERS .

THE COSTS INCURRED BY THE COMMISSION OF THE EEC AND BY THE GOVERNMENT OF THE KINGDOM OF BELGIUM WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE . AS THE PROCEEDINGS ARE, IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED, IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE BELGIAN CONSEIL D' ETAT, THE DECISION ON COSTS IS A MATTER FOR THAT COURT .

THE COURT

IN ANSWER TO THE QUESTION REFERRED TO IT FOR A PRELIMINARY RULING BY THE IIIRD CHAMBER, SECTION D' ADMINISTRATION, OF THE BELGIAN CONSEIL D' ETAT, HEREBY RULES :

1 . THE COURTS OF A MEMBER STATE HAVING JURISDICTION IN SOCIAL SECURITY MATTERS ARE INCLUDED AMONGST THE AUTHORITIES WITHIN THE MEANING OF ARTICLE 45 OF REGULATION NO 3;

2 . THE DECISION ON COSTS IN THE PRESENT PROCEEDINGS IS A MATTER FOR THE BELGIAN CONSEIL D' ETAT .