Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-413/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Franca Ninni-Orasche v Bundesminister für Wissenschaft, Verkehr und Kunst (Freedom of movement for workers — Article 48 of the EC Treaty (now, after amendment, Article 39 EC) — Concept of "worker" — Contract of employment of a short term fixed in advance — Retention of the status of "worker" after end of employment contract — Conditions for the grant of social advantages within the meaning of Article 7(2) of Regulation (EEC) No 1612/68 — Study finance)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: EU Member State, EU national, interpretation of the law, labour law, temporary employment

C 7/14

EN

Official Journal of the European Union

10.1.2004

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 November 2003

in Case C-413/01 (Reference for a preliminary ruling from
the Verwaltungsgerichtshof): Franca Ninni-Orasche v
Bundesminister für Wissenschaft, Verkehr und Kunst (1)

(Freedom of movement for workers — Article 48 of the EC
Treaty (now, after amendment, Article 39 EC) — Concept of
‘worker’ — Contract of employment of a short term fixed in
advance — Retention of the status of ‘worker’ after end of
employment contract — Conditions for the grant of social
advantages within the meaning of Article 7(2) of Regulation
(EEC) No 1612/68 — Study finance)

(2004/C 7/22)

(Language of the case: German)

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

In Case C-413/01: Reference to the Court under Article 234 EC
by the Verwaltungsgerichtshof
(Austria) for a preliminary
ruling in the proceedings pending before that court between
Franca Ninni-Orasche and Bundesminister für Wissenschaft,
Verkehr und Kunst, on the interpretation of Article 48 of the
EC Treaty (now, after amendment, Article 39 EC), the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, C. Gulmann, V. Skouris (Rapporteur), F. Macken
and N. Colneric, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 6 November
2003, in which it has ruled:

1.

The fact that a national of a Member State has worked for a
temporary period of two and a half months in the territory of
another Member State, of which he is not a national, can confer
on him the status of a worker within the meaning of Article 48
of the EC Treaty (now, after amendment, Article 39 EC)
provided that the activity performed as an employed person is
not purely marginal and ancillary.

It is for the national court to carry out the examinations of fact
necessary in order to determine whether that is so in the case
before it. Circumstances preceding and subsequent to the period
of employment, such as the fact that the person concerned:

— took up the job only some years after his entry into the

host Member State,

— shortly after the end of his short, fixed-term employment
relationship, became eligible for entry to university in the
host Member State by virtue of having completed his
schooling in his country of origin, or

— 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,

are not relevant in this connection.

2. A Community national such as the appellant in the main
proceedings, where he has the status of a migrant worker for
the purposes of Article 48 of the Treaty, is not necessarily
voluntarily unemployed, within the meaning established by the
relevant case-law of the Court, solely because his contract of
employment, from the outset concluded for a fixed term, has
expired.

(1) OJ C 84 of 6.4.2002.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 November 2003

in Case C-416/01 (Reference for a preliminary ruling from
the Tribunal Supremo): Sociedad Cooperativa General
Agropecuaria (ACOR) v Administración General del Esta-
do, participant: Ebro Puleva SA, formerly Azucarera Ebro
Agrícolas SA and Azucareras Reunidas de Jaén SA (1)

(Common organisation of the markets in the sugar sector —
Reallocation or transfer of quotas — Interpretation of
Council Regulations (EEC) No 1785/81, (EEC) No 193/82
and (EC) No 1260/2001 — Decision of competent auth-
orities of a Member State, when approving a merger, to
reallocate sugar production quotas — Sale by public auction
— Transfer of quotas for consideration)

(2004/C 7/23)

(Language of the case: Spanish)

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

In Case C-416/01: Reference to the Court under Article 234 EC
by the Tribunal Supremo (Spain) for a preliminary ruling in
the proceedings pending before that court between Sociedad
Cooperativa General Agropecuaria (ACOR) and Administra-
ción General del Estado, participant: Ebro Puleva SA, formerly
Azucarera Ebro Agrícolas SA and Azucareras Reunidas de
Jaén SA, on the interpretation of Council Regulations (EEC)
No 1785/81 of 30 June 1981 on the common organisation of
the markets in the sugar sector (OJ 1981 L 177, p. 4), (EEC)
No 193/82 of 26 January 1982 laying down general rules for
transfers of quotas in the sugar sector (OJ 1982 L 21, p. 3),
and (EC) No 1260/2001 of 19 June 2001 on the common
organisation of the markets in the sugar sector (OJ 2001
L 178, p. 1),
(Sixth Chamber), composed of:
V. Skouris (Rapporteur), acting for the President of the Sixth

the Court