Case C-147/02: Reference for a preliminary ruling by the Court of Appeal (England and Wales) (Civil Division), by order of that court dated 27 March 2002, in the case of Mrs M.K. Alabaster against 1) Woolwich PLC, 2) Secretary of State for Social Security
Date: 2002-06-15
Institutions: Court of Justice
Subjects: maternity benefit, motherhood, preliminary issue

15.6.2002

EN

Official Journal of the European Communities

C 144/25

importance, there would be no obligation in Italy to apply the
conservation measures laid down in Article 6(2) of the directive
to that site during the consultation period and pending a
Council decision.

3. Does the answer to Question 2 turn on whether the
difference in the rules in the Member State of manufacture
and the Member State of importation results from the
fact that different use has been made of the possibility to
lay down rules under Article 12(2)(b) of Directive No 70/
524/EEC?

(1) OJ L 206 of 22.7.1992, p. 7.

(1) OJ L 270 of 14.12.1970, p. 1.

Reference for a preliminary ruling by the Bundesverwal-
tungsgericht by order of that Court of 31 January 2002 in
the case of Land Nordrhein-Westfalen against Denkavit
Futtermittel GmbH, Interested party: Vertreter des Bun-
desinteresses at the Bundesverwaltungsgericht

(Case C-145/02)

(2002/C 144/42)

Reference has been made to the Court of Justice of the
European Communities by order of the Bundesverwaltungsge-
richt (Federal Administrative Court) of 31 January 2002,
for a
received at the Court Registry on 18 April 2002,
preliminary ruling in the case of Land Nordrhein-Westfalen
against Denkavit Futtermittel GmbH, Interested party: Vertreter
des Bundesinteresses (Representative of the Federal Interest) at
the Bundesverwaltungsgericht on the following questions:

1. Are national provisions of the law on feedingstuffs, which
prohibit imports of a feedingstuff manufactured lawfully
in another Member State on the ground that the level of
vitamin D 3 does not comply with the law of the State of
importation,
to be assessed directly in the light of
Articles 28 and 30 EC?

Reference for a preliminary ruling by the Court of Appeal
(England and Wales) (Civil Division), by order of that
court dated 27 March 2002, in the case of Mrs M.K.
Alabaster against 1) Woolwich PLC, 2) Secretary of State
for Social Security

(Case C-147/02)

(2002/C 144/43)

Reference has been made to the Court of Justice of the
European Communities by an order of the Court of Appeal
(England and Wales) (Civil Division) dated 27 March 2002,
which was received at the Court Registry on 22 April 2002,
for a preliminary ruling in the case of Mrs M.K. Alabaster
against 1) Woolwich PLC, 2) Secretary of State for Social
Security, on the following questions:

In a situation where:

a)

b)

the earnings-related element of a woman’s Statutory
Maternity Pay (‘SMP’) is calculated by reference to her
normal weekly earnings for a eight week period ending
on 15th week before the expected week of confinement
(‘the relevant period’), and

the employer grants a pay rise, which is not back-dated
to the relevant period, at any time after the end of
the relevant period used for calculating that woman’s
earnings-related element of SMP and before the end of
her maternity leave:

Question 1

2.

Is Article 19 of Directive 70/524/EEC (1) concerning
additives to be interpreted as permitting the prohibition
on imports of a supplementary feedingstuff manufactured
lawfully in another Member State on the ground that it
exceeds the level of vitamin D 3 permitted in the Member
State of importation?

Is Article 141 of the EC Treaty and the judgment in Gillespie
[1996] ECR I-475 to be interpreted as meaning that the
woman is entitled to have that pay rise taken into consideration
in calculating or re-calculating the earnings-related element of
her SMP?

C 144/26

EN

Official Journal of the European Communities

15.6.2002

Question 2

Is the answer to Question 1 affected by whether the effective
date of the pay rise commences:

(i)

prior to the beginning of the woman’s maternity leave,

(ii) prior to the ending of the period of the earnings-related

period of her SMP, or

(iii) on some other date and, if so, on what date?

Question 3

If the answer to Question 1 is in the affirmative,

(i)

how should the calculation or re-alculation of the normal
weekly earnings in the relevant period take into account
the pay rise?

(ii)

Should the relevant period be changed?

(iii) What allowance, if any, should be made for other factors
occurring within the period to which the pay rise relates
such as the numbers of hours worked, and the reason for
the pay increase?

(iv) Does it follow that if there is a reduction in pay after the
end of the relevant period but before the end of the
woman’s period of maternity leave, her SMP should be
calculated or
the
reduction of pay, and if so, how is this to be done?

re-calculated to take account of

Reference for a preliminary ruling by the Conseil d’Etat,
section d’administration by judgment of that Court of
21 December 2001 in the case of Carlos Garcia Avello
against Etat Belge

(Case C-148/02)

(2002/C 144/44)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’Etat,
section d’administration (Belgian Council of State, administrat-
ive section) of 21 December 2001, received at the Court
Registry on 24 April 2002, for a preliminary ruling in the case
of Carlos Garcia Avello against Etat Belge on the following
question:

Are the principles of Community law relating to European
citizenship and to the freedom of movement of persons,
enshrined particularly in Articles 17 [EC] and 18 [EC], to be

interpreted as precluding the Belgian administrative authority,
to which an application to change the surname of minor
children residing in Belgium who have dual Belgian and
Spanish nationality has been made on the ground, without
other special circumstances, that those children should bear
the surname to which they are entitled according to Spanish
law and tradition, from refusing that change by stating that
that type of application is habitually rejected on the ground
that, in Belgium, children bear their father’s surname’, particu-
larly where the position usually adopted by the authority
results from the fact that it considers that the grant of a
different surname may, in the context of social life in Belgium,
arouse questions as to the parentage of the child concerned,
but that, in order to reduce the difficulties associated with dual
nationality,
it is suggested to applicants in that situation
that they adopt only the father’s first surname, and that,
exceptionally, where there are few connecting factors to
Belgium or it is appropriate to re-establish the same surname
among siblings, a favourable decision may be taken?

Reference for a preliminary ruling by the Giudice di Pace
di Genova by order of that Court of 18 April 2002 in the
action brought by Valentina Neri against the European
School of Economics (ESE INSIGHT World Education
System Ltd)

(Case C-153/02)

(2002/C 144/45)

Reference has been made to the Court of Justice of the
European Communities by order of the Giudice di Pace di
Genova (Office of the Magistrate Genoa) of 18 April 2002,
received at the Court Registry on 26 April 2002,
for a
preliminary ruling in the action brought by Valentina Neri
against the European School of Economics (ESE INSIGHT
World Education System Ltd) on the following questions:

1. Are the rules or administrative practices of the national
legal order, such as those described at points III and IV
hereof, compatible with the principles of the EC Treaty
concerning the free movement of persons (Article 39 et
seq EC), the right of establishment (Article 43 et seq. EC)
and freedom to provide services (Article 49 et seq. EC), as
interpreted by the Court of Justice. Of particular relevance
in that regard are national rules and/or administrative
practices which: