Case C-349/01: Reference for a preliminary ruling by the Arbeitsgericht Bielefeld by order of that court of 24 July 2001 in the case of Betriebsrat ADS Anker GmbH against ADS Anker GmbH
Date: 2001-12-22
Institutions: Court of Justice
Subjects: European undertaking, interpretation of the law, labour law, worker consultation, worker information, works council

C 369/6

EN

Official Journal of the European Communities

22.12.2001

1995 on the use of standards for the transmission of television
signals (OJ 1995 L 281, p. 51) the Kingdom of the Netherlands
has failed to fulfil its obligations under that directive — the
Court (Fourth Chamber), composed of: S. von Bahr, President
of the Chamber, D.A.O. Edward (Rapporteur) and A. La
Pergola,
Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 11 October 2001, in which
it:

1. Declares that by failing to bring into force and to communicate
all of
the laws, regulations and administrative provisions
necessary to comply with Directive 95/47/EC of the European
Parliament and of the Council of 24 October 1995 on the use
of standards for the transmission of television signals the
Kingdom of the Netherlands has failed to fulfil its obligations
under that directive.

2. Orders the Kingdom of the Netherlands to bear the costs.

(1) OJ C 259 of 9.9.2000.

ORDER OF THE COURT

(Second Chamber)

of 19 September 2001

in Case C-18/00 (reference for a preliminary ruling from
the Tribunale civile e penale di Asti): Criminal proceedings
against Maurizio Perino (1)

(Article 104(3) of the Rules of Procedure — Directive
75/442/EEC — Storage of waste prior to a recovery operation
— Invoking a directive in order to oppose an individual)

(2001/C 369/09)

(Language of the case: Italian)

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

Italy,

In Case C-18/00: reference to the Court under Article 234 EC
from the Tribunale civile e penale di Asti,
for a
preliminary ruling in the criminal proceedings pending before
that court against Maurizio Perino — on the interpretation of
point R 13 of Annex IIB to Council Directive 75/442/EEC of
15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by
Council Directive 91/156/EEC of 18 March 1991 (OJ 1991
L 78, p. 32) and by Commission Decision 96/350/EC of
24 may 1996 adapting Annexes IIA and IIB to Directive
(Second
75/442 (OJ 1996 L 135, p. 32) — the Court
Chamber), composed of: V. Skouris (Rapporteur), President of
the Chamber, R. Schintgen and N. Colneric, Judges; P. Léger,

Advocate General; R. Grass, Registrar, has made an order on
19 September 2001, in which it has ruled:

A directive cannot, by itself,
law
enacted by a Member State in order to implement it, have the effect
of establishing or rendering more serious the criminal liability of
persons who act in contravention of its provisions.

independently of any national

(1) OJ C 79 du 18.3.2000.

Reference for a preliminary ruling by the Arbeitsgericht
Bielefeld by order of that court of 24 July 2001 in the
case of Betriebsrat ADS Anker GmbH against ADS Anker
GmbH

(Case C-349/01)

(2001/C 369/10)

Reference has been made to the Court of Justice of the
European Communities by order of the Arbeitsgericht (Labour
Court), Bielefeld of 24 July 2001, which was received at the
Court Registry on 17 September 2001, for a preliminary ruling
in the case of Betriebsrat ADS Anker GmbH against ADS
Anker GmbH on the following questions:

1.

Is it a requirement of Council Directive 94/45/EC (1) on
the establishment of a European Works Council or a
procedure in Community-scale undertakings and Com-
munity-scale groups of undertakings for the purposes
of informing and consulting employees,
in particular
Articles 4 and 11 thereof, that an undertaking established
in the United Kingdom, which is regarded as the central
management under the second paragraph of Article 4(2)
and Article 4(3) of the directive, or an undertaking
established in the Kingdom of the Netherlands, which
constitutes the central management of the controlling
undertaking under Article 2(1)(e) and Article 3(1) of the
directive,
is obliged to provide another undertaking
resident in the Federal Republic of Germany belonging to
the same group of undertakings with information on
undertakings and establishments belonging to the group
of undertakings and on their legal form and represen-
tation arrangements and the average total number of
employees and their distribution across the Member Sates
and the undertakings?

2.

If the Court of Justice answers the first question in the
affirmative: Does the obligation to provide information
also encompass the names of the employees’ represen-
tation and their representatives who are to participate, on
the undertaking or the
behalf of
undertakings controlled by it, in the establishment of a
European Works Council?

the employees of

(1) OJ L 254, p. 64.