Judgment of the Court (Sixth Chamber) of 15 July 2004 in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH v ADS Anker GmbH (Social policy — Articles 4 and 11 of Directive 94/45/CE — European Works Council — Information and consultation of workers in Community-scale undertakings — Obligation for central management to provide certain information to employees' representatives)
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European undertaking, interpretation of the law, labour law, worker consultation, worker information, works council

C 228/2

EN

Official Journal of the European Union

11.9.2004

— by failing to adopt all the measures necessary to ensure that
the quality of bathing water conforms to the values laid
down in Article 3 of Council Directive 76/160/EEC of 8
December 1975 concerning the quality of bathing water
(OJ 1976 L 31, p. 1),

— by failing to take samples at the minimum frequencies laid

down in the annex to that directive, and

— by failing to identify all

the inland bathing areas

in

Portugal,

the Portuguese Republic has failed to fulfil its obligations under
Article 4(1), in conjunction with Articles 1(2) and 3 and the
annex to the directive, and under Article 6(1) and (2) of the
directive

the Court (Second Chamber), composed of: C.W.A. Timmer-
mans, President of the Chamber, C. Gulmann, J. P. Puissochet,
J.N. Cunha Rodrigues and N. Colneric (Rapporteur), Judges; P.
Léger, Advocate General; R. Grass, Registrar, has given a judg-
ment on 15 July 2004 in which it:

1. Declares that, by failing to take all the measures necessary to
ensure that the quality of bathing water complies with the manda-
tory limit values laid down under Article 3 of Council Directive
76/160/EEC of 8 December 1975 concerning the quality of
bathing water, the Portuguese Republic has failed to fulfil its obli-
gations under Article 4(1) of the Directive, in conjunction with
Article 3 and the Annex to that Directive;

2. Dismisses the remainder of the application;

3. Orders each party to bear its own costs.

between Betriebsrat der Firma ADS Anker GmbH and ADS
Anker GmbH on the interpretation of Articles 4 and 11 of
Council Directive 94/45/EC of 22 September 1994 on the
establishment of a European Works Council or a procedure in
Community-scale undertakings and Community-scale groups of
informing and consulting
undertakings for the purposes of
employees (OJ 1994 L 254, p. 64) — the Court
(Sixth
Chamber), composed of: V. Skouris, acting as President of the
J.-P. Puissochet, F. Macken
Sixth Chamber, C. Gulmann,
(Rapporteur) and N. Colneric,
Judges; A. Tizzano, Advocate
General; H.A. Rühl, Registrar, gave a judgment on 15 July
2004, the operative part of which is as follows:

the purposes of

Article 4(1) and Article 11 of Council Directive 94/45/EC of 22
September 1994 on the establishment of a European Works Council
or a procedure in Community-scale undertakings and Community-
scale groups of undertakings for
informing and
consulting employees must be interpreted as meaning that Member
States are required to impose on undertakings established within their
territory and constituting the central management of a Community-
scale group of undertakings for the purposes of Article 2(1)(e) and
the Directive, or the deemed central management
Article 3(1) of
under the second subparagraph of Article 4(2), the obligation to
supply to another undertaking in the same group established in
another Member State the information requested from it by its
employees' representatives, where that information is not in the posses-
sion of that other undertaking and it is essential for opening negotia-
tions for the setting up of a European Works Council.

(1) OJ C 369 of 22.12.2001.

(1) OJ C 245 of 1.9.2001.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 15 July 2004

in Case C-349/01: Betriebsrat der Firma ADS Anker GmbH
v ADS Anker GmbH (1)

(Social policy — Articles 4 and 11 of Directive 94/45/CE —
European Works Council — Information and consultation of
workers in Community-scale undertakings — Obligation for
certain information to
central management

to provide

employees' representatives)

(Second Chamber)

of 15 July 2004

in Case C-381/01: Commission of the European Commu-
nities v Kingdom of Sweden (1)

(Failure of a Member State to fulfil obligations — Directive
77/388/EEC — VAT — Article 11(A)(1)(a) — Taxable
amount — Subsidy directly linked to the price — Regulation
(EC) No 603/95 — Aid granted in the dried fodder sector)

(2004/C 228/04)

(Language of the case: Italian)

(2004/C 228/03)

(Language of the case: German)

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

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

In Case C-349/01: reference to the Court under Article 234 EC
by the Arbeitsgericht (Labour Court) Bielefeld (Germany) for a
preliminary ruling in the proceedings pending before that court

In Case C-381/01: Commission of the European Communities
(Agent: E. Traversa) v Italian Republic (Agent:
I. Braguglia,
assisted by G. de Bellis) supported by Republic of Finland
(Agent: T. Pynnä) and by Kingdom of Sweden (Agent: A. Kruse)
— application for a declaration that, by failing to levy value
added tax on aid paid under Council Regulation (EC) No
603/95 of 21 February 1995 on the common organisation of