Judgment of the Court (Second Chamber) of 11 November 2004 in Case C-425/02 (reference for a preliminary ruling from the Cour administrative): Johanna Maria Boor, née Delahaye v Ministre de la Fonction publique et de la Réforme administrative (Safeguarding of employees' rights in the event of a transfer of an undertaking to the State — Possibility for the State to impose rules of public law — Reduction of the amount of remuneration)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: Luxembourg, approximation of laws, interpretation of the law, labour law, transfer of businesses, worker consultation, worker information

8.1.2005

EN

Official Journal of the European Union

C 6/9

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 18 November 2004

in Case C-420/02: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Unlawful
the ‘Pera Galini’ site — Directive
deposit of waste at
75/442/EEC on waste, as amended by Directive 91/156/EEC
— Articles 4 and 9)

(2005/C 6/14)

(Language of the case: Greek)

of

the

Communities

In Case C-420/02: action under Article 226 EC for failure to
fulfil obligations, brought on 21 November 2002, between
(Agent:
European
Commission
M. Konstantinidis) and Hellenic Republic (Agent: E. Skandalou)
— the Court (First Chamber), composed of: P. Jann, President
of the Chamber, R. Silva de Lapuerta (Rapporteur), K. Lenaerts,
S. von Bahr and K. Schiemann, Judges; L.A. Geelhoed, Advocate
General; M. Múgica Arzamendi, Principal Administrator, for the
Registrar, has given a judgment on 18 November 2004,
in
which it:

1. Declares that, by failing to take the necessary measures to ensure
that waste deposited at the ‘Pera Galini’ site in the prefecture of
Heraklion will be recovered or disposed of without endangering
human health, without risk to water, air, soil, plants and animals
and without causing a nuisance through noise or odours, and by
granting a permit to operate that installation which does not
contain the necessary information, the Hellenic Republic has failed
to fulfil its obligations under Articles 4 and 9 of Council Directive
75/442/EEC on waste, as amended by Council Directive
91/156/EEC;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 31 of 8.2.2003.

(Second Chamber)

of 11 November 2004

in Case C-425/02 (reference for a preliminary ruling from
the Cour administrative): Johanna Maria Boor, née Dela-
haye v Ministre de la Fonction publique et de la Réforme
administrative (1)

(Safeguarding of employees' rights in the event of a transfer
of an undertaking to the State — Possibility for the State to
impose rules of public law — Reduction of the amount of
remuneration)

(2005/C 6/15)

(Language of the case: French)

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

In Case C-425/02: reference for a preliminary ruling under
Article 234 EC from the Cour administrative (Luxembourg),
made by decision of 21 November 2002, received at the Court
on 25 November 2002, in the proceedings between Johanna
Maria Boor, née Delahaye and Ministre de la Fonction publique
(Second
la Réforme administrative — the Court
et de
Chamber), composed of: C.W.A. Timmermans, President of the
Chamber, C. Gulmann and N. Colneric (Rapporteur), Judges; P.
Léger, Advocate General; M. Múgica Arzamendi, Principal
Administrator, for the Registrar, has given a judgment on 11
November 2004, in which it has ruled:

the remuneration of

from reducing the amount of

Council Directive 77/187/EEC of 14 February 1977 on the approxi-
mation of the laws of the Member States relating to the safeguarding
of employees' rights in the event of transfers of undertakings, busi-
nesses or parts of businesses must be interpreted as not precluding in
principle, in the event of a transfer of an undertaking from a legal
the latter, as new
person governed by private law to the State,
employer,
the
employees concerned for the purpose of complying with the national
rules in force for public employees. However, the competent authorities
responsible for applying and interpreting those rules are obliged to do
so as far as possible in the light of the purpose of that directive,
taking into account in particular the employee's length of service, in so
far as the national rules governing the position of State employees
take a State employee's length of service into consideration for calcu-
lating his remuneration. If such a calculation leads to a substantial
reduction in the employee's remuneration, such a reduction constitutes
a substantial change in working conditions to the detriment of the
employees concerned by the transfer, so that the termination of their
contracts of employment for that reason must be regarded as resulting
from the action of the employer, in accordance with Article 4(2) of
Directive 77/187.

(1) OJ C 19 of 25.1.2003.