Case C-171/01: Reference for a preliminary ruling from the Verfassungsgerichtshof by order of that court of 2 March 2001 in the election proceedings brought by the electoral group "Gemeinsam Zajedno/Birlikte Alternative und Grüne GewerkschafterInnen/UG"
Date: 2001-06-16
Institutions: Court of Justice
Subjects: EU law - national law, interpretation of the law, labour law, migrant worker, right to stand for election, trade union

C 173/30

EN

Official Journal of the European Communities

16.6.2001

1. Does Paragraph 183(1) of Sozialgesetzbuch III provide
for a date within the meaning of Article 3(2) of Council
Directive 80/987/EEC (1) 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?

2. Has the Federal Republic of Germany effectively limited
the liability of the Bundesanstalt für Arbeit in accordance
with Article 4 of Directive 80/987/EEC?

Question 1

Is Article 10(1) of Decision No 1/80 of the Association Council
of 19 September 1980 on the development of the Association
to be interpreted as precluding a provision of a Member State
which excludes Turkish workers from eligibility to the general
assembly of a chamber of workers?

3.

Is the Federal Republic of Germany liable to pay damages
to the plaintiff on account of defective implementation
of Directive 80/987/EEC?

Question 2

If the answer to Question 1 is affirmative: Is Article 10(1) of
Decision No 1/80 of the Association Council of 19 September
1980 on the development of the Association directly appli-
cable Community law?

4. Does the Court hold to its view that the date to be taken
as the basis for determining the reference period is that
of the request for the opening of proceedings?

5.

6.

Is the calculation of the insolvency benefit period pro-
vided for in Paragraph 183(1) of Sozialgesetzbuch III
compatible with Article 141 EC?

In the case of claimants who are on child raising leave, is
the day before that leave was taken the relevant date for
the purposes of Article 3(2) of Directive 80/987/EEC?

(1) OJ L 283, 28.10.1980, p. 23.

Action brought on 23 April 2001 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-174/01)

(2001/C 173/52)

Reference for a preliminary ruling from the Verfassungs-
gerichtshof by order of that court of 2 March 2001 in the
election proceedings brought by the electoral group
‘Gemeinsam Zajedno/Birlikte Alternative und Grüne
GewerkschafterInnen/UG’

(Case C-171/01)

(2001/C 173/51)

Reference has been made to the Court of Justice of the
European Communities by an order of the Verfassungsgerichts-
hof (Constitutional Court, Vienna) of 2 March 2001, which
was received at the Court Registry on 19 April 2001, for a
preliminary ruling in the election proceedings brought by the
electoral group ‘Gemeinsam Zajedno/Birlikte Alternative und
Grüne GewerkschafterInnen/UG’ on the following questions:

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 23 April 2001 by the Commission of the European
Communities, represented by H. Støvlbæk and J. Adda, acting
as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should

— Declare that, by failing to notify the Commission of plans
for the decontamination and/or disposal of inventoried
equipment and the PCBs contained therein, in accordance
with Article 11 of Council Directive 96/59/EC (1) of
16 September 1996 on the disposal of polychlorinated
biphenyls and polychlorinated terphenyls (PCB/PCT), the
Grand Duchy of Luxembourg has failed to fulfil
its
obligations under that directive;

— Order the Grand Duchy of Luxembourg to pay the costs.