Case C-413/01: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that court of 13 September 2001 in the case of Franca Ninni-Orsache v Bundesminister für Wissenschaft, Verkehr und Kunst
Date: 2002-04-06
Institutions: Court of Justice
Subjects: EU Member State, EU national, interpretation of the law, labour law, temporary employment

6.4.2002

EN

Official Journal of the European Communities

C 84/35

Reference for a preliminary ruling by the Verwaltungs-
gerichtshof by order of that court of 13 September 2001
in the case of Franca Ninni-Orsache v Bundesminister für
Wissenschaft, Verkehr und Kunst

2.2.1.

the fact that shortly after the employment
relationship ended he became eligible for entry
to university in the host country by virtue of
having completed his schooling in his country
of origin and/or

(Case C-413/01)

(2002/C 84/58)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgerichts-
hof (Administrative Court of Appeal) of 13 September 2001
which was received at the Court Registry on 17 October 2001,
for a preliminary ruling in the case of Franca Ninni-Orsache v
Bundesminister für Wissenschaft, Verkehr und Kunst on the
following questions:

1.1.

Does the fact that an EU citizen works for a short
period (two and a half months) that is fixed from the
outset in a Member State of which he is not a national
confer on him the status of a worker under Article 48
of the EC Treaty (now Article 39 EC)?

1.2. When determining whether he is a worker in the
above sense in such a case, are any of the following
circumstances significant:

1.2.1.

the fact that he took up the job only some
years after his entry into the host State;

1.2.2.

the fact that shortly after the end of his short,
relationship he
fixed-term employment
became eligible for entry to university in the
host country by virtue of having completed
his schooling in his country of origin;

1.2.3.

the fact that he attempted to find a new job
in the period between the end of the short,
fixed-term employment relationship and the
time when he took up his studies?

2.

If he is a (migrant) worker under Question 1:

Does the termination, by expiry of time, of an employ-
ment relationship which is limited from the outset to
a fixed term constitute a voluntary termination?

2.1.

2.2.

2.2.2.

immediately following termination of
that
employment relationship until beginning his
studies, he was looking for another job?

Is it relevant to the answer to this question that the other job
sought by the person in question constitutes a sort of
continuation at a similar (low) level of the job which he was
doing for a fixed period but which has come to an end, or a
job which corresponds to the higher level of education
achieved in the meantime?

Reference for a preliminary ruling by the Tribunal Supre-
mo, Sala de lo Contencioso-Administrativo, Seccio´ n Ter-
cera by order of 3 October 2001 in the case of Sociedad
Cooperativa General Agropecuaria (ACOR) and Adminis-
tracio´ n General del Estado, Azucareras Reunidas de Jaén
and Azucarera Ebro Agrı´colas SA

(Case C-416/01)

(2002/C 84/59)

Reference has been made to the Court of Justice of the
European Communities by order of 3 October 2001 by the
Tribunal Supremo (Supreme Court), Sala de lo Contencioso-
Administrativo, Seccio´ n Tercera, (Chamber for Contentious
Administrative Proceedings, Division Three), which was
received at the Court Registry on 22 October 2001, for a
preliminary ruling in the case of Sociedad Cooperativa General
Agropecuaria (ACOR) and Administracio´ n General del Estado,
Azucareras Reunidas de Jaén and Azucarera Ebro Agrı´colas SA
on the following questions:

If so, in such a case, when assessing whether or not
the termination of the employment relationship was
voluntary or involuntary, are any of the following
circumstances significant, either in themselves or in
conjunction with the other factors referred to herein:

If, in the exercise of its power of administrative review of a
merger of undertakings, the authorities of a Member State
deem it necessary to redistribute sugar production quotas
among undertakings situated in its territory in order to
safeguard competition: