Judgment of the Court (Sixth Chamber) of 25 January 2001 in Case C-172/99 (reference for a preliminary ruling from the Korkein oikeus): Oy Liikenne Ab v Pekka Liskojärvi, Pentti Juntunen (Directive 77/187/EEC — Safeguarding of employees' rights in the event of transfers of undertakings — Directive 92/50/EEC — Public service contracts — Non-maritime public transport services)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: award of contract, interpretation of the law, public contract, services contract, transfer of businesses, transport company

C 173/2

EN

Official Journal of the European Communities

16.6.2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 25 January 2001

in Case C-172/99 (reference for a preliminary ruling from
the Korkein oikeus): Oy Liikenne Ab v Pekka Liskojärvi,
Pentti Juntunen (1)

(Directive 77/187/EEC — Safeguarding of employees’ rights
in the event of transfers of undertakings — Directive
92/50/EEC — Public service contracts — Non-maritime
public transport services)

92/50, a non-maritime public transport service — such
as the operation of scheduled local bus routes — by a
legal person governed by public law;

— in a situation such as that in the main proceedings,
Directive 77/187 does not apply where there is no
transfer of significant tangible assets between those two
undertakings.

(1) OJ C 281 of 2.10.1999.

(2001/C 173/02)

JUDGMENT OF THE COURT

(Language of the case: Finnish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-172/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Korkein oikeus
(Supreme Court), Finland, for a preliminary ruling in the
proceedings pending before that court between Oy Liikenne
Ab and Pekka Liskojärvi, Pentti Juntunen — on the interpret-
ation of Article 1(1) of Council Directive 77/187/EEC of
14 February 1977 on the approximation of the laws of the
Member States relating to the safeguarding of employees’
rights in the event of transfers of undertakings, businesses or
parts of businesses (OJ 1977 L 61, p. 26) — the Court
(Sixth Chamber), composed of: C. Gulmann, President of the
(Rapporteur),
J.-P.
Chamber, V.
R. Schintgen and N. Colneric,
Judges; P. Léger, Advocate
General; H. von Holstein, Deputy Registrar, has given a
judgment on 25 January 2001, in which it has ruled:

Puissochet

Skouris,

1.

The taking over by an undertaking of non-maritime public
transport activities — such as the operation of scheduled local
bus routes — previously operated by another undertaking,
following a procedure for the award of a public service contract
under Council Directive 92/50/EEC of 18 June 1992 relating
to the coordination of procedures for the award of public service
contracts, may fall within the material scope of Council Directive
77/187/EEC of 14 February 1977 on the approximation of
the laws of the Member States relating to the safeguarding of
employees’ rights in the event of transfers of undertakings,
businesses or parts of businesses, as set out in Article 1(1) of
that directive.

2. Article 1(1) of Directive 77/187 must be interpreted as

meaning that

— that directive may apply where there is no direct contrac-
tual link between two undertakings which are successively
awarded, following procedures for, the award of public
service contracts conducted in accordance with Directive

of 30 January 2001

in Case C-36/98: Kingdom of Spain v Council of the
European Union, supported by French Republic, by Portu-
guese Republic, by Republic of Finland, and by Com-
mission of the European Communities (1)

(Legal basis — Environment — Council decision approving
the Convention on cooperation for the protection and sus-
tainable use of the river Danube — Article 130s(l) and (2)
of the EC Treaty (now, after amendment, Article 175(1) and
(2) EC) — Concept of ’management of water resources’)

(2001/C 173/03)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-36/98: Kingdom of Spain (Agent: S. Ortiz Vaamonde)
v Council of the European Union (Agents: G. Houttuin and
D. Canga Fano), supported by French Republic (Agents:
K. Rispal-Bellanger and R. Nadal), by Portuguese Republic
(Agents: L. Fernandes, M. Telles Roma˜o and P. Canelas de
Castro), by Republic of Finland (Agents: H. Rotkirch and
T. Pyrind), and by Commission of the European Communities
(Agents: R. Gosalbo Bono and F. de Sousa Fialho) — appli-
cation for annulment of Council Decision 97/825/EC of
24 November 1997 concerning the conclusion of the Conven-
tion on cooperation for the protection and sustainable use of
the river Danube (OJ 1997 L 342, p. 18) — the Court,
composed of: G.C. Rodrı´guez Iglesias, President, C. Gulmann,
A. La Pergola, M. Wathelet, V. Skouris (Presidents of Cham-
bers), D.A.O. Edward,
Jann, L. Sevo´ n
(Rapporteur), R. Schintgen and F. Macken, Judges; P. Léger,
Advocate General; D. Louterman-Hubeau, Head of Division,
for the Registrar, has given a judgment on 30 January 2001,
in which it:

J.-P. Puissochet, P.

1. Dismisses the action;