Case C-255/01: Reference for a preliminary ruling by the Simvoulio tis Epikratias by judgment of that court of 12 June 2001 in the case of Panagiotis Markopoulos and Others against the Minister for Development, the Soma Orkoton Elegkton and Others
Date: 2001-10-13
Institutions: Court of Justice
Subjects: accountant, equivalence of diplomas, examination, financial control, interpretation of the law, management, professional qualifications

C 289/10

EN

Official Journal of the European Communities

13.10.2001

2. Would it not be an alternative more compatible with
fundamental rights to restrict the obligation to disclose
company data to undertakings for which independent
auditors have found problems with specific data of
the undertaking and hence a special public need for
information?

3. Are the disclosure obligations in the First and Fourth
Directives compatible with the fundamental rights under
the European Charter of Fundamental Rights?

4. Did the data protection directive, telecommunications
directive and administrative assistance directive derogate
substantively from the disclosure directives?

registered, the holder commits an offence when driving a
motor vehicle in the Netherlands?

2. Does national legislation such as that described in the
first question and which has the consequences set out
therein constitute a restriction on the free movement of
persons and, if so, can that restriction be justified by the
consideration that it enables the data featured on the
document to be regularly renewed and the document to
be adjusted to technological improvements as regards the
requirements which the document should meet from the
point of view of security and prevention of fraud?

(1) OJ 1991, L 237, p. 1.

(1) OJ, English Special Edition 1968(I), p. 41.
(2) OJ 1978 L 222, p. 11.

Reference for a preliminary ruling by the Arrondisse-
mentsrechtbank Rotterdam by judgment of that court of
27 June 2001 in the case of S. Klip-Krüger against Board
of the Dienst Wegverkeer, a public agency having legal
personality

(Case C-253/01)

(2001/C 289/18)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Arrondissements-
rechtbank Rotterdam (District Court, Rotterdam) of 27 June
2001, received at the Court Registry on 2 July 2001, for a
preliminary ruling in the case of S. Klip-Krüger v Board of the
Dienst Wegverkeer (road traffic authority), a public agency
having legal personality, on the following questions:

1. Must the Directive (1) — more particularly Article 1(1)
and (2) thereof — be interpreted as meaning that national
legislation adopted in implementation thereof is consist
with it where under that legislation an obligation exists
or arises for the holder of a driving licence issued by the
competent authority in the Federal Republic of Germany,
which is valid for the holder’s lifetime, to exchange that
licence within one year of moving his normal place of
residence to the Netherlands, because a driving licence
issued more than ten years previously cannot be registered
if the driving licence is not
in the Netherlands and,

Reference for a preliminary ruling by the Simvoulio tis
Epikratias by judgment of that court of 12 June 2001 in
the case of Panagiotis Markopoulos and Others against
the Soma Orkoton
the Minister for Development,

Elegkton and Others

(Case C-255/01)

(2001/C 289/19)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Simvoulio tis
Epikratias (Council of State) of 12 June 2001, received at the
Court Registry on 3 July 2001, for a preliminary ruling in the
case of Panagiotis Markopoulos and Others against the Minister
for Development, the Soma Orkoton Elegkton (Institute of
Certified Auditors) and Others on the following questions:

a) May the national legislature, on the basis of Article 15 of
the Eighth Council Directive 84/253/EEC of 10 April
1984 (1), make use of the power provided for by that
article and provide for the possibility for various catego-
ries of persons to be approved to audit accounting
documents,
in derogation from the permanent rules,
that is to say without first sitting an examination of
professional competence, when the Member State in
question has already, before the adoption of the directive,
laid down that examination in national law? In any event,
may the national legislature make repeated use of the
power to adopt transitional provisions on the basis of the
abovementioned article of the directive, in particular after
the deadline of 1 January 1991 (Article 15 in conjunction
with Article 30(2) of the directive)?

13.10.2001

EN

Official Journal of the European Communities

C 289/11

b) Does Article 11 of the Directive simply mean that, if a
candidate for approval to audit accounting documents in
a Member State of the European Union has obtained,
under the regime which applied before harmonisation,
some of the required qualifications in another Member
State, the Member State from which approval is sought
regards those qualifications as having been obtained in
that same State and does not introduce an exception to
the generally applicable rule that approval is granted only
after an examination of professional competence has
been passed? Or is it to be interpreted as allowing a
person holding an approval to audit accounting docu-
ments which has been granted to him in a Member State
under the regime which applied before harmonisation to
receive the corresponding approval in another Member
State without being obliged to sit an examination of
professional competence, but just on a simple finding
that his qualifications are equivalent?

(1) OJ L 126, 12.5.1984, p. 20.

Reference for a preliminary ruling by the Court of Appeal
(England & Wales) (Civil Division), by order of that court
of 22 June 2001, in the case of Debra Allonby against 1)
Accrington & Rossendale College, 2) Education Lecturing
Services, 3) Secretary of State for Education and Employ-
ment

(Case C-256/01)

(2001/C 289/20)

Reference has been made to the Court of Justice of the
European Communities by an order of the Court of Appeal
(England & Wales) (Civil Division) of 22 June 2001, which was
received at the Court Registry on 3 July 2001, for a preliminary
ruling in the case of Debra Allonby against 1) Accrington &
Rossendale College, 2) Education Lecturing Services, 3) Sec-
retary of State for Education and Employment, on the follow-
ing questions:

1. Does Article 141 have direct effect so as to enable a
woman to claim equal pay with a man in the circum-
stances of this case?

eligible to join the Scheme can comply with the require-
ment of being employed under a contract of employment,
and by establishing that the requirement is not objectively
justified?

Reference for a preliminary ruling by the Tribunale di
Bari — Sezione distaccata di Altamura, by order of that
court of 28 June 2001 in the case of Walter Ferro against
Giovanni Santoro

(Case C-273/01)

(2001/C 289/21)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bari —
Sezione distaccata di Altamura (Bari District Court, Altamura
Division) of 28 June 2001, which was received at the Court
Registry on 12 July 2001, for a preliminary ruling in the case
of Walter Ferro against Giovanni Santoro on the following
question:

‘whether Directive 86/653/EEC (1) on the coordination of the
laws of the Member States relating to self-employed commer-
cial agents and, in any event, the principles of Community law
of freedom of movement and the freedom to provide services
are to be interpreted as being compatible with national
legislation which makes the right of brokers to payment for
services conditional upon their being entered in the appropri-
ate register.’

(1) Council Directive 86/653/EEC of 18 December 1986 on the
coordination of the laws of the Member States relating to self-
employed commercial agents OJ L 382, 31.12.1986, p. 17.

Reference for a preliminary ruling by the House of Lords
(United Kingdom), by order of that court of 7 June 2001,
in the case of Sinclair Collis Ltd against Commissioners of
Customs and Excise

(Case C-275/01)

(2001/C 289/22)

2. Does Article 141 have direct effect so as to entitle
Mrs Allonby to claim access to the pension scheme either
(i) by comparing herself with Mr Johnson or (ii) by
showing statistically that a considerably smaller pro-
portion of female than of male teachers who are otherwise

Reference has been made to the Court of Justice of the
European Communities by an order of the House of Lords
(United Kingdom) of 7 June 2001, which was received at the
Court Registry on 12 July 2001, for a preliminary ruling in the
case of Sinclair Collis Ltd against Commissioners of Customs
and Excise, on the following question: