Case C-137/01: Reference for a preliminary ruling by the Employment Tribunal (Leeds), by order of that court of 12 January 2001, in the case of 1) Mr P. Breckon 2) Mr M. Barrett against Secretary of State for Employment
Date: 2001-06-16
Institutions: Court of Justice
Subjects: employer, financial solvency, interpretation of the law, occupational safety, pay, social security

16.6.2001

EN

Official Journal of the European Communities

C 173/25

mean exclusively the European Community’s own
legislation? Or may national legislation too, such as
certain provisions of the Kaivoslaki and the Jätease-
tus in force in Finland, be ‘other legislation’ within
the meaning of the Waste Directive?

Reference for a preliminary ruling by the Employment
Tribunal (Leeds), by order of that court of 12 January
2001, in the case of 1) Mr P. Breckon 2) Mr M. Barrett
against Secretary of State for Employment

(b)

(c)

If ‘other legislation’ means also national legislation,
does that mean exclusively national
legislation
which was already in force at the time of entry into
force of the Waste Directive 91/156/EEC or also
that only enacted afterwards?

If ‘other legislation’ means also national legislation,
do fundamental European Community provisions
relating to environmental protection or the prin-
ciples of the Waste Directive set requirements for
national legislation concerning the level of environ-
mental protection as a condition for disapplying
the rules of the Waste Directive? What sort of
requirements could those be?

(1) OJ L 194 of 25.7.1975, p. 39.
(2) OJ L 78 of 26.3.1991, p. 32.

Reference for a preliminary ruling by the Tribunale di
Bologna by order of that court of 20 February 2001 in
the case of Condominio ‘Facchini Orsini’ against Kone
Ascensori SpA

(Case C-129/01)

(2001/C 173/41)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bologna
of 20 February 2001, received at the Court Registry on
21 March 2001, for a preliminary ruling in the case of
Condominio ‘Facchini Orsini’ against Kone Ascensori SpA on
the following question:

‘For the purposes of application of the provisions contained in
Council Directive 93/13/EEC (1) of 5 April 1993 on unfair
terms in consumer contracts published in Official Journal
1993 L 95, can the co-ownership of buildings referred to in
Articles 1117-1139 of
the Civil Code be regarded as a
consumer where the individual owners are natural persons or
are acting for purposes outside their trade, business or
profession?’

(1) OJ L 95 of 21.4.1993, p. 29.

(Case C-137/01)

(2001/C 173/42)

Reference has been made to the Court of Justice of the
European Communities by an order of
the Employment
Tribunal (Leeds) of 12 January 2001, which was received at
the Court Registry on 27 March 2001, for a preliminary ruling
in the case of 1) Mr P. Breckon 2) Mr M. Barrett against
Secretary of State for Employment, on the following question:

‘Are the requirements of Directive 80/987 (1) fully satisfied by
rules of national law which may result in a claim relating to
holiday pay against the Guarantee Institution being dismissed
owing to unforeseen delay in bringing about a state of
insolvency in the employer, which delay was caused by the
employer?’

(1) Council Directive 80/987/EEC of 20 October 1980 on the
approximation of the laws of the Member States relating to the
protection of employees in the event of the insolvency of their
employer (OJ L 283, 28.10.1980, p. 23).

Reference for a preliminary ruling by the Oberster
Gerichtshof der Republik O¨ sterreich, by orders of
28 February and 14 February 2001 in the cases of Christa
Neukomm against O¨ sterreichischer Rundfunk and Josef
Lauermann against O¨ sterreichischer Rundfunk

(Cases C-138/01 and C-139/01)

(2001/C 173/43)

Reference has been made to the Court of Justice of the
European Communities by orders of the Oberster Gerichtshof
der Republik O¨ sterreich of 28 February and 14 February 2001,
received at the Court Registry on 27 March 2001, for a
preliminary ruling in the cases of Christa Neukomm against
O¨ sterreichischer Rundfunk and Josef Lauermann against O¨ ster-
reichischer Rundfunk on the following questions:

1. Are the provisions of Community law, in particular those
on data protection (Articles 1, 2, 6, 7 and 22 of Directive
95/46/EC (1)
in conjunction with Article 6 (formerly
Article F) of the Treaty on European Union and Article 8