Judgment of the Court (Second Chamber) 4 March 2004 In Joined Cases C-19/01, C-50/01 and C-84/01 (Reference for a preliminary ruling from the Tribunale di Pisa, the Tribunale di Siena and the Corte Suprema di Cassazione): Istituto nazionale della previdenza sociale (INPS) v Alberto Barsotti and Others, Milena Castellani v Istituto nazionale della previdenza sociale (INPS), Istituto nazionale della previdenza sociale (INPS) v Anna Maria Venturi
Date: 2004-04-17
Institutions: Court of Justice
Subjects: employer, financial solvency, interpretation of the law, labour law

17.4.2004

EN

Official Journal of the European Union

C 94/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

4 March 2004

In Joined Cases C-19/01, C-50/01 and C-84/01 (Reference
for a preliminary ruling from the Tribunale di Pisa, the
Tribunale di Siena and the Corte Suprema di Cassazione):
Istituto nazionale della previdenza
sociale (INPS) v
Alberto Barsotti and Others, Milena Castellani v Istituto
nazionale della previdenza sociale (INPS), Istituto nazio-
nale della previdenza sociale (INPS) v Anna Maria
Venturi (1)

(Social policy — Protection of employees in the event of
their employer's insolvency — Directive 80/987/EEC —
liability of the guarantee institutions —
Limitation of
Ceiling to the liability — Part payments by the employer
— Social objective of the directive)

(2004/C 94/01)

(Language of the case: Italian)

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

In Joined Cases C-19/01, C-50/01 and C-84/01: References to
the Court under Article 234 EC by, respectively, the Tribunale
di Pisa (Italy), the Tribunale di Siena (Italy) and the Corte
Suprema di Cassazione (Italy) for preliminary rulings in the
proceedings pending before those courts between Istituto
nazionale della previdenza sociale (INPS) and Alberto Barsotti
and Others (C-19/01), and between Milena Castellani and Isti-
tuto nazionale della previdenza sociale (INPS) (C-50/01), and
between Istituto nazionale della previdenza sociale (INPS) and
Anna Maria Venturi (C-84/01), on the interpretation of Council
Directive 80/987/EEC of 20 October 1980 on the approxima-
tion of the laws of the Member States relating to the protection
of employees in the event of the insolvency of their employer
(OJ 1980 L 283, p. 23),
(Second Chamber),
composed of: V. Skouris, acting for the President of the Second
Chamber, R. Schintgen and N. Colneric (Rapporteur), Judges; C.
Stix-Hackl, Advocate General; L. Hewlett, Principal Adminis-
trator, for the Registrar, has given a judgment on 23 October
2003, in which it has ruled:

the Court

Article 3(1) and the first subparagraph of Article 4(3) of
Council Directive 80/987/EEC of 20 October 1980 on the
approximation of the laws of the Member States relating to the

protection of employees in the event of the insolvency of their
employer are to be interpreted as meaning that they do not
allow a Member State to limit the liability of the guarantee
institutions to a sum which covers the basic needs of the
employees concerned and from which are to be deducted
payments made by the employer during the period covered by
the guarantee.

(1) OJ C 79 of 10.03.2001,

OJ C 95 of 24.03.2001 and
OJ C 118 of 21.04.2001.

JUDGMENT OF THE COURT

(Fifth Chamber)

11 March 2004

In Case C-182/01 (Reference for a preliminary ruling from
the Oberlandesgericht Düsseldorf): Saatgut-Treuhandver-
waltungsgesellschaft mbH v Werner Jäger (1)

(Plant varieties — System of protection — Article 14(3) of
Regulation (EC) No 2100/94 and Articles 3(2) and 8 of
Regulation (EC) No 1768/95 — Organisation of holders —
Meaning — Organisation's obligation to act only for its
members — Use by farmers of the product of the harvest
— Obligation to provide information to the holder of the
Community right)

(2004/C 94/02)

(Language of the case: German)

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

In Case C-182/01: References to the Court under Article 234
EC by the Oberlandesgericht Düsseldorf (Germany) for a preli-
minary ruling in the proceedings pending before that court
between Saatgut-Treuhandverwaltungsgesellschaft mbH and
Werner Jäger, on the interpretation of
the sixth indent of
Article 14(3) of Council Regulation (EC) No 2100/94 of 27
July 1994 on Community plant variety rights (OJ 1994 L 227,
p. 1) and of Articles 3(2) and 8 of Commission Regulation