Case C-478/03: Reference for a preliminary ruling by the House of Lords by order of that court dated 10 November 2003, in the case of Celtec Ltd against Astley and others
Date: 2004-01-24
Institutions: Court of Justice
Subjects: interpretation of the law, labour law, transfer of businesses, work contract

24.1.2004

EN

Official Journal of the European Union

C 21/17

Action brought on 17 November 2003 by the Com-
mission of the European Communities against the Federal
Republic of Germany

Reference for a preliminary ruling by the House of Lords
by order of that court dated 10 November 2003, in the
case of Celtec Ltd against Astley and others

(Case C-477/03)

(2004/C 21/31)

(Case C-478/03)

(2004/C 21/32)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
the
ties on 17 November 2003 by the Commission of
European Communities, represented by Claudia Schmidt and
Wouter Wils, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/12/EC of the European Parliament and of
the Council of 26 February 2001 amending Council
Directive 91/440/EEC on the development of the Com-
munity’s railways (1), or by failing to inform the Com-
mission thereof, the Federal Republic of Germany has
failed to fulfil its obligations under that directive.

2. Declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/13/EC of the European Parliament and of
the Council of 26 February 2001 amending Council
Directive 95/18/EC on the licensing of railway undertak-
ings (2), or by failing to inform the Commission thereof,
the Federal Republic of Germany has failed to fulfil its
obligations under that directive.

3. Declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/14/EC of the European Parliament and of
the Council of 26 February 2001 on the allocation of
railway infrastructure capacity and the levying of charges
for the use of railway infrastructure and safety certifi-
cation (3), or by failing to inform the Commission thereof,
the Federal Republic of Germany has failed to fulfil its
obligations under that directive.

4. Order the Federal Republic of Germany to pay the costs.

Reference has been made to the Court of Justice of the
European Communities by an order of the House of Lords
dated 10 November 2003, which was received at the Court
Registry on 17 November 2003, for a preliminary ruling in
the case of Celtec Ltd and Astley and others on the following
questions:

1. Are the words ‘the transferor’s rights and obligations
arising from a contract of employment or from an
employment relationship existing on the date of a
transfer’ in Article 3(1) of Council Directive 77/187/EEC
of 14 February 1977 on the approximation ofthe laws
of the Member States relating to the safeguarding of
employees’ rights in the event of transfers of undertakings,
businesses or parts of businesses (1) to be interpreted as
meaning that there is a particular point in time at which
the transfer of the undertaking or part thereof is deemed
to have been completed and the transfer of rights and
obligations pursuant to Article 3(1) is effected?

2.

3.

If the answer to question 1 is ‘yes’, how is that particular
point in time to be identified?

If the answer to question 1 is ‘no’, how are the words ‘on
the date of a transfer’ in Article 3(1) to be interpreted?

(1) OJ L 61, 5.3.1977, p. 26.

Action brought on 19 November 2003 by Commission of
the European Communities against Kingdom of Spain

Pleas in law and main arguments

The time-limit for transposition of the directive expired on
15 March 2003.

(Case C-485/03)

(2004/C 21/33)

(1) OJ 2001 L 75, p. 1.
(2) OJ 2001 L 75, p. 26.
(3) OJ 2001 L 75, p. 29.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 19 No-
vember 2003 by Commission of the European Communities,
represented by José Luis Buendía Sierra of its Legal Service,
acting as Agent, with an address for service in Luxembourg.