Case C-317/01: Reference for a preliminary ruling by the Bundessozialgericht by order of that court of 20 June 2001 in the case of 1. Eran Abatay, 2. Abdulgam Balikci, 3. Ismail Birer and 4. Rafik Günes v Bundesanstalt für Arbeit
Date: 2001-10-27
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), freedom to provide services, interpretation of the law, job access, road transport

27.10.2001

EN

Official Journal of the European Communities

C 303/9

administrative authorities of instances of incorrect label-
ling, pursuant to Council Regulation (EC) No 1139/98 (1)
of 26 May 1998 concerning the compulsory indication
of the labelling of certain foodstuffs produced from
genetically modified organisms of particulars other than
those provided for in Directive 79/112/EEC (2), constitute
‘information relating to the environment’ within the
of Council Directive
2(a)
meaning
90/313/EEC (3) of 7 June 1990 on the freedom of access
to information on the environment?

of Article

2.

3.

2. Does information contained in administrative documents
revealing the frequency with which administrative penal-
ties have been imposed for infringement of Regulation
(EC) No 1139/98 constitute ‘information relating to the
environment’ within the meaning of Article 2(a) of
Council Directive 90/313/EEC of 7 June 1990 on the
freedom of access to information on the environment?

3. Does information contained in administrative documents
revealing the manufacturers and products to which
administrative penalties for infringement of Regulation
(EC) No 1139/98 relate constitute ‘information relating
to the environment’ within the meaning of Article 2(a) of
Council Directive 90/131/EEC of 7 June 1990 on the
freedom of access to information on the environment?

Is Article 13 of Decision No 1/80 of the Association
Council of 19 September 1980 on the development
the Association between the European Economic
of
Community and Turkey also to be applied to workers
employed in Turkey, who, as long-distance lorry drivers
engaged in international haulage, regularly pass through
a Member State of the Community without belonging to
the legitimate labour force of that Member State?

Is Article 41(1) of the Additional Protocol of 23 Novem-
ber 1970 to the Agreement establishing an Association
between the European Economic Community and Turkey
to be interpreted as meaning that

(a)

(b)

a Turkish worker is entitled to plead a restriction on
the freedom to provide services which is contrary to
the Additional Protocol and, if so, that

a new restriction on the freedom to provide services
also exists where a Member State of the Community,
from the entry into force of the Additional Protocol,
restricts the access of Turkish workers to the
employment market and thereby impedes the free-
dom to provide services of businessmen employing
the workers?

(1) OJ 1998 L 159, p. 4.
(2) OJ 1979 L 33, p. 1.
(3) OJ 1990 L 158, p. 56.

Reference for a preliminary ruling by the Bundessozial-
gericht by order of that court of 20 June 2001 in the case
of 1. Eran Abatay, 2. Abdulgam Balikci, 3. Ismail Birer and
4. Rafik Günes v Bundesanstalt für Arbeit

(Case C-317/01)

(2001/C 303/14)

Reference has been made to the Court of Justice of the
European Communities by order of the Bundessozialgericht
(Federal Social Court) of 20 June 2001, received at the Court
Registry on 13 August 2001, for a preliminary ruling in the
case of 1. Eran Abatay, 2. Abdulgam Balikci, 3. Ismail Birer
and 4. Rafik Günes v Bundesanstalt für Arbeit (Federal Labour
Office) on the following questions:

1.

Is Article 13 of Decision No 1/80 of the Association
Council of 19 September 1980 on the development
of
the Association between the European Economic
Community and Turkey to be interpreted as prohibiting
a Member State of the Community from introducing
national provisions which, in comparison with the pos-
ition under national law on 1 December 1980, lay down
new restrictions on access to the employment market for
Turkish workers generally, or does the prohibition on
introducing new restrictions under Article 13 of Decision
No 1/80 relate only to the time when a worker is first
legally resident and employed?

Reference for a preliminary ruling by the Commissione
Tributaria Provinciale di Roma by order of that court of
27 February 2001 in the case of Informatica e Telecomu-
nicazioni I & T SpA against Direzione Regionale delle
Entrate per il Lazio

(Case C-318/01)

(2001/C 303/15)

Reference has been made to the Court of Justice of the
European Communities by order of the Commissione Tributa-
ria Provinciale di Roma of 27 February 2001, which was
received at the Court Registry on 14 August 2001, for a
preliminary ruling in the case of Informatica e Telecomunica-
zioni I & T SpA against Direzione Regionale delle Entrate per
il Lazio on the following question:

Is a legislative measure imposing a charge on the net assets of
a company having effects equivalent to an indirect charge on
transfers compatible with Community law and in particular
with Directive 69/335/EEC?