Case C-131/04: Referencefor a preliminary ruling by the Employment Tribunal, Leeds, by order of thatcourt dated 9 March 2004, in the case of C. D.Robinson-Steele against R. D. Retail Services Ltd.
Date: 2004-04-30
Institutions: Court of Justice
Subjects: EU law, interpretation of the law, national law, paid leave, remuneration of work

30.4.2004

EN

Official Journal of the European Union

C 106/37

1) Does Article 1 of Council Directive 89/665/EEC on the
Council Directive 89/665/EEC of 21 December 1989 on the
coordination of
the laws, regulations and administrative
provisions relating to the application of review procedures
to the award of public supply and public works (1) contracts
preclude a provision of national law, such as the first para-
graph of Article 19 of the Laws of the Conseil d'Etat, conso-
interpreted as
lidated on 12 January 1973, which is
requiring the members of a consortium without
legal
personality, which, as such, has participated in a procedure
for the award of a public contract and has not been
awarded that contract, to act together, in their capacity as
associates or in their own names,
in order to bring an
action against the decision awarding the contract?

2) Would the answer

to Question 1 be different

members of
action of one of its members is inadmissible?

the consortium acted all

if
together, but

the
the

3) Does Article 1 of Council Directive 89/665/EEC on the
Council Directive 89/665/EEC of 21 December 1989 on the
coordination of
the laws, regulations and administrative
provisions relating to the application of review procedures
to the award of public supply and public works contracts
preclude a provision of national law, such as the first para-
graph of Article 19 of the Laws of the Conseil d'Etat, conso-
lidated on 12 January 1973, which is interpreted as prohi-
biting a member of such a consortium from bringing an
action individually, either in its capacity as an associate, or
in its own name, against
the decision awarding the
contract?

(1) OJ L 395, 30.12.1989, p. 33.

Action brought on 11 March 2004 by the Commission of
the European Communities against the Hellenic Republic

(Case C-130/04)

(2004/C 106/63)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 11 March
2004 by the Commission of the European Communities, repre-
sented by Luis Escobar Guerrero and Dimitris Triantafillou,
members of its Legal Service.

The Commission claims that the Court should:

1. declare, pursuant to Article 226 of the Treaty establishing
the European Community, that the Hellenic Republic has
failed to fulfil its obligations under Council Regulation (EC)
No 1172/98 (1) on statistical returns in respect of
the
carriage of goods by road;

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

According to the settled case-law of the Court of Justice of the
European Communities, a Member State may not rely on
domestic circumstances or difficulties to justify failure to
comply with its obligations and the time-limits prescribed
under Community law.

(1) OJ L 163 of 6.6.1998, p. 1.

Reference for a preliminary ruling by the Employment
Tribunal, Leeds, by order of that court dated 9 March
2004, in the case of C. D. Robinson-Steele against R. D.
Retail Services Ltd.

(Case C-131/04)

(2004/C 106/64)

Reference has been made to the Court of Justice of the Euro-
pean Communities by an order of the Employment Tribunal,
Leeds, dated 9 March 2004, which was received at the Court
Registry on 11 March 2004, for a preliminary ruling in the
case of C. D. Robinson-Steele and R. D. Retail Services Ltd on
the following questions:

1. Is Article 7 of Council Directive 93/104/EC (1) consistent
with provisions of national law which allow pay for annual
leave to be included in a worker's hourly remuneration and
paid as part of remuneration for working time but not paid
in respect of a period of leave actually taken by the worker?

2. Does Article 7.2 preclude the national tribunal from giving
credit to an employer for such payments when it seeks to
give to the applicant an effective remedy according to
powers contained in national regulations?

(1) of 23 November 1993 concerning certain aspects of the organiza-

tion of working time (OJ L 307, 13.12.1993, p. 18).