Judgment of the Court (Sixth Chamber) of 29 March 2001 in Case C-62/99 (reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf): Betriebsrat der bofrost* Josef H. Boquoi Deutschland West GmbH & Co. KG v Bofrost* Josef H. Boquoi Deutschland West GmbH & Co. KG (Reference for a preliminary ruling — Article 11(1) and (2) of Directive 94/45/EC — Information to be made available by undertakings on request — Information intended to establish the existence of a controlling undertaking within a Community-scale group of undertakings)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European undertaking, group of companies, interpretation of the law, labour law, worker information

C 200/4

EN

Official Journal of the European Communities

14.7.2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 March 2001

in Case C-62/99 (reference for a preliminary ruling from
the Landesarbeitsgericht Düsseldorf): Betriebsrat der bof-
rost* Josef H. Boquoi Deutschland West GmbH & Co. KG
v Bofrost* Josef H. Boquoi Deutschland West GmbH &
Co. KG (1)

(Reference for a preliminary ruling — Article 11(1) and (2)
of Directive 94/45/EC — Information to be made available
by undertakings on request — Information intended to
establish the existence of a controlling undertaking within a
Community-scale group of undertakings)

(2001/C 200/05)

(Language of the case: German)

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

In Case C-62/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Landesarbeitsger-
icht Düsseldorf (Düsseldorf Higher Labour Court) (Germany)
for a preliminary ruling in the proceedings pending before
that court between Betriebsrat der bofrost* Josef H. Boquoi
Deutschland West GmbH & Co. KG and Bofrost* Josef
H. Boquoi Deutschland West GmbH & Co. KG — on the
interpretation of Article 11(1) and (2) of Council Directive
94/45/EC of 22 September 1994 on the establishment of a
European Works Council or a procedure in Community-scale
undertakings and Community-scale groups of undertakings
for the purposes of informing and consulting employees (OJ
1994 L 254, p. 64) — the Court (Sixth Chamber), composed
of: C. Gulmann, President of the Chamber, V. Skouris, J.-
P. Puissochet, R. Schintgen and F. Macken (Rapporteur), Judges;
A. Saggio, Advocate General; R. Grass, for the Registrar, has
given a judgment on 29 March 2001, in which it has ruled:

1. On a proper

construction of Article 11(1) and (2) of
Council Directive 94/45/EC of 22 September 1994 on the
establishment of a European Works Council or a procedure in
Community-scale undertakings and Community-scale groups
of undertakings for the purposes of informing and consulting
employees, an undertaking which is part of a group of
undertakings is required to supply information to the internal
workers’ representative bodies, even where it has not yet been
established that the management to which the workers’ request
is addressed is the management of a controlling undertaking
within a group of undertakings.

2. Where information relating to the structure or organisation of
a group of undertakings forms part of the information which is
essential to the opening of negotiations for the setting-up of a
European Works Council or for the transnational information
and consultation of employees, an undertaking within the group
is required to supply the information which it possesses or is

able to obtain to the internal workers’ representative bodies
requesting it. Communication of documents clarifying and
explaining the information which is indispensable for that
purpose may also be required, in so far as that communication
is necessary in order that the employees concerned or their
representatives may gain access to information enabling them
to determine whether or not they are entitled to request the
opening of negotiations.

(1) OJ C 160 of 5.6.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 29 March 2001

in Case C-163/99: Portuguese Republic v Commission of
the European Communities (1)

(Competition — Exclusive rights — Airport administration
— Landing charges — Article 90(3) of the EC Treaty (now
Article 86(3) EC))

(2001/C 200/06)

(Language of the case: Portuguese)

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

In Case C-163/99: Portuguese Republic (Agents: L. Fernandes,
M.L. Duarte and F. Viegas) v Commission of the European
Communities (Agents: K. Leivo and M. Afonso and sub-
sequently M. Afonso and M. Erhart) — application for
annulment of Commission Decision 1999/199/EC of 10 Feb-
ruary 1999 relating to a proceeding pursuant to Article 90 of
the Treaty (IV/35.703 — Portuguese airports) (OJ 1999 L 69,
p. 31) — the Court (Sixth Chamber), composed of: C. Gul-
mann, President of the Chamber, V. Skouris, J.-P. Puissochet
(Rapporteur), R. Schintgen and F. Macken, Judges; J. Mischo,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 29 March 2001, in which
it:

1. Dismisses the application;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 226 of 7.8.1999.