Case C-53/04: Reference for a preliminary ruling by the Tribunale di Genova by order of that Court of 21 January 2004 in the case of Mr Marrosu and Mr Sardino against Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate
Date: 2004-04-03
Institutions: Court of Justice
Subjects: framework agreement, interpretation of the law, interprofessional agreement, private sector, professional association, public administration, work contract

3.4.2004

EN

Official Journal of the European Union

C 85/17

Action brought on 9 February 2004 by the Commission of
the European Communities against the Hellenic Republic

(Case C-51/04)

(2004/C 85/29)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 Febru-
ary 2004 by the Commission of the European Communities,
represented by Gregorio Valerio Jordana and Minas Konstanti-
nidis, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt, or in any event to
notify to the Commission, the laws, regulations and
administrative provisions necessary to comply with
Directive 2000/69/EC (1) of the European Parliament and
of the Council of 16 November 2000 relating to limit
values for benzene and carbon monoxide in ambient air,
the Hellenic Republic has failed to fulfil its obligations
under Article 10 of that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and arguments

The period for transposition of the directive into national law
expired on 13 December 2002.

(1) OJ L 313, 13.12.2000, p. 12.

Reference for a preliminary ruling by the Tribunale di
Genova by order of that Court of 21 January 2004 in the
case of Mr Marrosu and Mr Sardino against Azienda
Ospedaliera Ospedale San Martino di Genova e Cliniche
Universitarie Convenzionate

(Case C-53/04)

(2004/C 85/30)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Genova
the Court Registry on
of 21 January 2004, received at
10 February 2004, for a preliminary ruling in the case of
Mr Marrosu and Mr Sardino against Azienda Ospedaliera
Ospedale San Martino di Genova e Cliniche Universitarie
Convenzionate on the following question:

Are Article 1 of Directive 1999/70/EC (1) and clauses 1(b) and
5 of the framework agreement on fixed-term work concluded
by ETUC, UNICE and CEEP and put into effect by that directive
to be interpreted as precluding provisions of national law (in
force before the directive was implemented) which differentiate
between employment contracts signed with the public auth-
orities and contracts with employers in the private sector
by excluding the former from the protection afforded by
establishing an employment relationship of indefinite duration
in the event of an infringement of binding rules on successive
fixed-term contracts?

(1) OJ L 175 of 10.7.1999, p. 43.

Action brought on 10 February 2004 by the Commission
of the European Communities against the Republic of
Finland

(Case C-56/04)

(2004/C 85/31)

the Republic of Finland was brought
An action against
before the Court of Justice of the European Communities on
10 February 2004 by the Commission of
the European
Communities, represented by K. Banks and M. Huttunen,
acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. Declare that the Republic of Finland has failed to fulfil its
obligations under Directive 2001/29/EC of the European
Parliament and of the Council of 22 May 2001 on the
harmonisation of certain aspects of copyright and related
rights in the information society (1), since it has not
brought into force the laws, regulations and administrat-
ive provisions necessary to comply with the directive, or
at least has not informed the Commission of them;

2. Order Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired
on 22 December 2002.

(1) OJ 2001 L 167, p. 10.