Case C-14/04: Reference for a preliminary ruling by the Conseil d'État by order of that Court of 3 December 2003 in the case of Abdelkader Dellas, Confédération générale du travail, Fédération nationale des syndicats des services de santé et des services sociaux CFDT and Fédération nationale de l'action sociale Force Ouvrière against Secrétariat général du gouvernement; Intervener: Union des fédérations et syndicats nationaux d'employeurs sans but lucratif du secteur sanitaire, social et médico-social
Date: 2004-03-06
Institutions: Court of Justice
Subjects: arrangement of working time, humanisation of work, interpretation of the law, occupational safety, organisation of work, working time

6.3.2004

EN

Official Journal of the European Union

C 59/19

3. Must Directive 2002/2/EC be interpreted as meaning that
its application, and therefore its effectiveness, is subject
to the adoption of a positive list of
feed materials
containing their specific names, as set out in the tenth
recital to the preamble and the Commission Report
(COM2003 178) (2) dated 24 April 2003 or must the
implementation of the directive in the Member States
must take place before the adoption of the positive list of
feed materials laid down by the directive, with reference
to a list of the feed materials contained in the compound
feedingstuffs by the names and generic definitions of their
commodity classes?

4.

Is Directive 2002/2/EC to be regarded as unlawful on
the grounds of infringement of the principle of equal
treatment and non-discrimination to the detriment of
feedingstuff producers when compared with the pro-
ducers of foodstuffs for human consumption in so far as
the former are subject to rules requiring indications of the
quantities of feed materials in compound feedingstuffs?

as set out in Article 1(1) thereof, must the definition of
working time set out in the directive be considered to
apply exclusively to the Community thresholds estab-
lished by the directive or must it be considered to have
general scope, applying also to the thresholds which,
while adopted under the various national legal orders
with a view to transposing the directive, may in fact be
set — as they have been in France in the interest of
employee protection — at a level affording greater
protection than the thresholds established by the direc-
tive?

2.

To what extent could a strictly proportional system of
equivalence, which involves calculating the total number
of hours in attendance before applying a weighting
mechanism to them which reflects even the very least
work-intensive periods during periods of inactivity, be
considered compatible with the objectives of the Working
Time Directive?

(1) OJ L 63 of 6.03.2002, p. 23.
(2) Not published.

(1) Council Directive 93/104/EC of 23 November 1993 concerning
certain aspects of the organization of working time (OJ L 307 of
13.12.1993, p. 18).

Reference for a preliminary ruling by the Conseil d’État
by order of that Court of 3 December 2003 in the case of
Abdelkader Dellas, Confédération générale du travail,
Fédération nationale des syndicats des services de santé
et des services sociaux CFDT and Fédération nationale de
l’action sociale Force Ouvrière against Secrétariat général
du gouvernement; Intervener: Union des fédérations et
syndicats nationaux d’employeurs sans but lucratif du
secteur sanitaire, social et médico-social

(Case C-14/04)

(2004/C 59/31)

Action brought on 20 January 2004 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-16/04)

(2004/C 59/32)

Reference has been made to the Court of Justice of the
European Communities by order of the Conseil d’État (Council
of State) of 3 December 2003, received at the Court Registry
on 15 January 2004, for a preliminary ruling in the case of
Abdelkader Dellas, Confédération générale du travail, Fédér-
ation nationale des syndicats des services de santé et des
services sociaux CFDT and Fédération nationale de l’action
sociale Force Ouvrière against Secrétariat général du gouverne-
ment; Intervener: Union des fédérations et syndicats nationaux
d’employeurs sans but lucratif du secteur sanitaire, social et
médico-social (Union of national federations and unions of
non-profit-making employers in the health, social and medico-
social sectors) on the following questions:

1.

In the light of
the Working Time
Directive (1), namely to lay down minimum safety and
health requirements for the organisation of working time,

the purpose of

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 20 January 2004 by the Commission of the European
Communities, represented by Denis Martin and Horstpeter
Kreppel, acting as Agents, with an address for service in
Luxembourg.

The applicant claims that the Court should:

1. Declare that

a)

by virtue of the fact that, contrary to the require-
ments of Community law,

— § 30(4) VBG 1/GUV.01 permits sliding doors
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