Case C-32/02: Action brought on 5 February 2002 by the Commission of the European Communities against the Italian Republic
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, approximation of laws, collective dismissal, non-profit organisation

6.4.2002

EN

Official Journal of the European Communities

C 84/51

Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat Salzburg by order of 16 January 2002
in the appeals concerning Dr Roman Moser, the Bürger-
meister der Landeshauptstadt Salzburg, and the land
transfer agent of the Land of Salzburg

(Case C-15/02)

(2002/C 84/89)

Reference has been made to the Court of Justice of the
European Communities by order of the Unabhängiger Verwal-
tungssenat Salzburg (Independent Administrative Chamber,
Salzburg) of 16 January 2002, received at the Court Registry
on 22 January 2002, for a preliminary ruling in the appeals
concerning Dr Roman Moser, the Bürgermeister der Lande-
shauptstadt Salzburg, and the land transfer agent of the Land
of Salzburg on the following question:

Are the provisions of Article 56 et seq. of the EC Treaty to be
interpreted as precluding the application of Paragraphs 12, 36
and 43 of the Salzburger Grundverkehrsgesetz (Salzburg Land
Transfer Law) of 1997 in the version published in LGBl.
No. 11/1999, whereby any person who wishes to acquire a
building plot in the federal Land of Salzburg must comply
with a notification or authorisation procedure in respect of the
acquisition of that plot, with the consequence that one of the
fundamental freedoms of the acquirer of title as guaranteed by
the laws of the European Union has been infringed in this
case?

Action brought on 5 February 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-32/02)

(2002/C 84/90)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 5 February
2002 by the Commission of the European Communities,
represented by A. Aresu acting as Agent.

The applicant claims that the Court should:

— Declare that, by not adopting provisions in respect of
employers engaged in non-profit-making activities, the
Italian Republic has failed to fulfil its obligations under
Council Directive 98/59/EC of 20 July 1998 on the
approximation of the laws of the Member States relating
to collective redundancies (OJ 1998 L 225, p. 16);

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

The Commission claims that Directive 98/59 applies to
collective redundancies carried out by any ‘employer’, that is
by any natural or legal person who has created an employment
relationship, regardless of whether he is engaged in profit-
making activities. It follows, therefore, that the implementing
Italian regulations, and in particular Law No 223/91, which
restricts the application of the guarantees to employees of
‘undertakings’ alone, wrongfully exclude all employers engaged
in non-profit-making activities.

Action brought on 6 February 2002 by the Commission
of the European Communities against the Republic of
Austria

(Case C-33/02)

(2002/C 84/91)

the Republic of Austria was brought
An action against
before the Court of Justice of the European Communities
on 6 February 2002 by the Commission of the European
Communities, represented by Josef Christian Schieferer, of its
Legal Service, with an address for service in Luxembourg at
the office of Luis Escobar Guerrero, of its Legal Service, at
Centre Wagner C 254, Kirchberg.

The applicant claims that the Court should:

— declare that the Republic of Austria has failed to fulfil its
obligations under Article 3(3) and (4), Article 7(1) and
(2), Article 11(3), and Article 13(1)
in conjunction
with Article 2(3) of Council Directive 94/67/EC of
16 December 1994 on the incineration of hazardous
waste, by

1.

incorrectly transposing, in Paragraph 3 no. 3.2 and
no. 3.3 of the Verordnung des Bundesministers für
wirtschaftliche Angelegenheiten über die Verbren-
nung gefährlicher Abfälle in gewerblichen Betrieb-
sanlagen (Regulation of the Federal Minister for
Economic Affairs on the incineration of hazardous
waste in commercial plants)
(the ‘BMwA Regu-
lation’), the rule in Article 3(3) of the directive that
the heat release from coincineration may not exceed
in respect of ‘the total
40 % of the total heat,
heat released in the plant at each moment of its
operation’;