Judgment of the Court (Sixth Chamber) of 20 November 2003 in Case C-356/01: Republic of Austria v Commission of the European Communities (System of ecopoints for heavy goods vehicles transiting through Austria — Refusal by the Commission to reduce the number of ecopoints for 2001 — Legality)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: Austria, European Commission, accession to the European Union, action for annulment (EU), tradeable emission permit, transport regulations

C 7/12

EN

Official Journal of the European Union

10.1.2004

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 November 2003

available to it by the contracting authority, even where the second
contractor has expressed the intention not to take on the employees of
the first contractor.

(1) OJ C 331 of 24.11.2001.

in Case C-340/01 (Reference for a preliminary ruling from
the Oberster Gerichtshof): Carlito Abler and Others
v Sodexho MM Catering Gesellschaft mbH, intervener
Sanrest Großküchen Betriebsgesellschaft mbH (1)

(Social policy — Approximation of laws — Transfers of
undertakings — Safeguarding of workers’ rights — Direc-
tive 77/187/EEC — Scope — Definition of transfer)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 November 2003

(2004/C 7/18)

(Language of the case: German)

in Case C-356/01: Republic of Austria v Commission of
the European Communities (1)

(System of ecopoints for heavy goods vehicles transiting
through Austria — Refusal by the Commission to reduce the
number of ecopoints for 2001 — Legality)

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

(2004/C 7/19)

(Language of the case: German)

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

In Case C-340/01: Reference to the Court under Article 234
EC by the Oberster Gerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between
Carlito Abler and Others and Sodexho MM Catering Gesell-
schaft mbH,
intervener Sanrest Großküchen Betriebsgesell-
schaft mbH, on the interpretation of Council Directive 77/
187/EEC of 14 February 1977 on the approximation of the
laws of the Member States relating to the safeguarding of
employees’ rights in the event of transfers of undertakings,
businesses or parts of businesses (OJ 1977 L 61, p. 26), the
Court (Sixth Chamber), composed of: C. Gulmann, acting as
President of the Sixth Chamber, J.N. Cunha Rodrigues, J.-
P. Puissochet (Rapporteur), F. Macken and N. Colneric, Judges;
L.A. Geelhoed, Advocate General; L. Hewlett, Principal Admin-
istrator, for the Registrar, has given a judgment on 20 Novem-
ber 2003, in which it has ruled:

Article 1 of Council Directive 77/187/EEC of 14 February 1977
on the approximation of the laws of the Member States relating to
the safeguarding of employees’ rights in the event of transfers of
undertakings, businesses or parts of businesses must be interpreted as
applying to a situation in which a contracting authority which had
awarded the contract for the management of the catering services in a
hospital to one contractor terminates that contract and concludes a
contract for the supply of the same services with a second contractor,
where the second contractor uses substantial parts of the tangible
assets previously used by the first contractor and subsequently made

the

European Communities

In Case C-356/01, Republic of Austria (Agent: H. Dossi) v
Commission of
(Agents:
C. Schmidt and M. Wolfcarius), supported by Federal Republic
of Germany (Agents: W.-D. Plessing, acting as Agent, assisted
by J. Sedemund, Rechtsanwalt): Application for annulment of
the Commission’s decision of 25 July 2001 refusing to submit
a draft regulation reducing the number of ecopoints for 2001
and, in the alternative, of the Commission’s decision of the
same date to distribute all the remaining ecopoints for 2001,
the Court (Sixth Chamber), composed of: V. Skouris, acting
for the President of the Sixth Chamber, J.N. Cunha Rodrigues
(Rapporteur), J.-P. Puissochet, R. Schintgen and F. Macken,
Judges; J. Mischo, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, has given a judgment on
20 November 2003, in which it:

1. Dismisses the application.

2. Orders the Republic of Austria to pay the costs.

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 317 of 10.10.2001.