Case C-489/04: Reference for a preliminary ruling by the Verwaltungsgericht Sigmaringen by order of that court of 28 September 2004 in the case of Alexander Jehle and Weinhaus Kiderlen against Land Baden-Württemberg
Date: 2005-02-19
Institutions: Court of Justice
Subjects: interpretation of the law, marketing standard, olive oil, packaging

C 45/12

EN

Official Journal of the European Union

19.2.2005

ORDER OF THE COURT

(Sixth Chamber)

of 14 October 2004

89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvements in the safety and
health of workers at work 1 by failing to define the neces-
sary capabilities and aptitudes required of persons desig-
nated to organise preventive and protective services related
to health and safety and

in Case C-238/03 P: Maja Srl v Commission of the Euro-
pean Communities (1)

2. order the Kingdom of Sweden to pay the costs.

(Appeal — Community financial aid — Discontinuation of
aid granted for the modernisation of an agricultural produc-
tion unit)

Pleas in law and main arguments

(2005/C 45/23)

(Language of the case: Italian)

In Case C-238/03 P: Maja Srl, formerly Ca' Pasta Srl (lawyers: P.
Piva, R. Mastroianni and G. Arendt ) v Commission of the
European Communities (Agents: C. Cattabriga and L. Visaggio,
assisted by A. Dal Ferro, lawyer) – appeal under Article 56 of
the Statute of the Court of Justice, the Court (Sixth Chamber),
composed of A. Borg Barthet (Rapporteur), President of the
Chamber, J. Malenovský and U. Lõhmus, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, made an order
on 14 October 2004, the operative part of which is as follows:

1. The appeal is dismissed.

2. Maja Srl is ordered to pay the costs.

(1) OJ C 213 of 06.09.2003.

Article 7(8) of the directive does not provide for complete
harmonisation in the different Member States of the definition
of capabilities and aptitudes required of persons carrying out
activities related to protective and preventive services, but gives
the Member States discretion to define the knowledge required
to comply with the provision. The definitions in the national
legislation must, however, be above a certain minimum level so
the directive may be implemented in an acceptable
that
manner.

The national legislation must include, as a minimum, a refer-
ence to an objective means of establishing that the person in
question has undergone the required training and actually has
the necessary experience and knowledge.

Neither the regulation nor the guidelines issued by the Arbets-
miljöverket (Work Environment Authority) include the defini-
tion of the capabilities or aptitudes required of persons carrying
out activities relating to the work environment that is necessary
for the correct transposition of Article 7(8).

Action brought on 29 October 2004 by the Commission
of the European Communities against the Kingdom of
Sweden

Reference for a preliminary ruling by the Verwaltungsger-
icht Sigmaringen by order of that court of 28 September
2004 in the case of Alexander Jehle and Weinhaus
Kiderlen against Land Baden-Württemberg

(Case C-459/04)

(2005/C 45/24)

(Language of the case: Swedish)

Justice of

An action against the Kingdom of Sweden was brought before
the Court of
the European Communities on 29
October 2004 by the Commission of the European Commu-
nities, represented by H. Kreppel and J. Enegren, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. declare that the Kingdom of Sweden has failed to fulfil its
obligations under Article 7(8) of Council Directive

(Case C-489/04)

(2005/C 45/25)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Verwaltungsgericht (Admin-
istrative Court) Sigmaringen (Fourth Chamber)
(Germany) of
28 September 2004, received at the Court Registry on 29
November 2004, for a preliminary ruling in the case of Alex-
ander Jehle and Weinhaus Kiderlen against Land Baden-Würt-
temberg on the following questions:

19.2.2005

EN

Official Journal of the European Union

C 45/13

1. Are Articles 1 to 12 of Commission Regulation (EC) No
1019/2002 (1) of 13 June 2002 on marketing standards for
olive oil (OJ 2002 L 155, p. 27), amended by Commission
Regulation (EC) No 1176/2003 of 1 July 2003 (OJ 2003
L 164, p. 12), to be construed as meaning that those provi-
sions also lay down rules governing the presentation of
unpackaged olive oils and olive-pomace oils to final consu-
mers?

2. Is the first paragraph of Article 2 of Commission Regulation
(EC) No 1019/2002 of 13 June 2002 on marketing stan-
dards for olive oil (OJ 2002 L 155, p. 27), amended by
Commission Regulation (EC) No 1176/2003 of 1 July 2003
(OJ 2003 L 164, p. 12), to be construed as containing a
prohibition of the presentation of unpackaged olive oils and
olive-pomace oils to final consumers?

3. If relevant, is the first paragraph of Article 2 of Commission
Regulation (EC) No 1019/2002 of 13 June 2002 on
marketing standards for olive oil (OJ 2002 L 155, p. 27),
amended by Commission Regulation (EC) No 1176/2003 of
1 July 2003 (OJ 2003 L 164, p. 12), to be construed restric-
tively as meaning that, while it does contain a prohibition
of
the presentation of unpackaged olive oils and olive-
pomace oils to the final consumer, that prohibition does not
apply to the sale of unpackaged olive oils and olive-pomace
oils effected under the ‘Bag in the Box procedure’?

(1) OJ L 155, p. 27.

The applicant claims that the Court should:

1. declare that, by providing that

(a) foreign undertakings are obliged to pay contributions to
the German holiday pay fund for their posted workers,
even if they enjoy an essentially similar level of protec-
tion under the law of the State where their employer is
established (Paragraph 1(3) of the Arbeitnehmerentsen-
degesetz (Law on the Posting of Workers) (‘the AEntG’);

(b) foreign undertakings are obliged to have the employ-
ment contract (or the documents required, pursuant to
Directive 91/533/EEC, under the law of the State where
the employee is resident), pay slips, time sheets, proof of
payment of wages, and all other documents required by
the German authorities, translated into German (Para-
graph 2 of the AEntG);

(c) foreign employment agencies are obliged not only to
give prior notification each time a worker is posted to a
user of the worker's services in Germany, but also each
time a worker starts a new job on a building site at the
request of the user of his services (Paragraph 3(2) of the
AEntG);

the Federal Republic of Germany has failed to fulfil its obli-
gations under Article 49 EC;

2. order the Federal Republic of Germany to pay the costs.

Action brought on 29 November 2004 by the Commission
of the European Communities against the Federal Republic
of Germany

Pleas in law and main arguments

(Case C-490/04)

(2005/C 45/26)

(Language of the case: German)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 29 November 2004 by the Commission of the Euro-
pean Communities, represented by Enrico Traversa and Horstp-
eter Kreppel, acting as Agents, with an address for service in
Luxembourg.

The Commission contends that furthermore certain provisions
of the AEntG which transposed Directive 96/71/EC on the
posting of workers into national
law do not comply with
certain provisions of that directive.

Rules relating to the obligation of employers established in a
Member State other than Germany to pay contributions to the
German holiday pay fund

In the Commission's view, the obligation to pay contributions
to the German holiday pay fund constitutes an inadmissible
restriction on the freedom to provide services, within the
meaning of Article 49 EC, where employers who post their
workers grant them the same paid holiday entitlement as that
laid down by the German rules contained in the collective
agreements and, under the legal system in the State from which
they are posted, such workers enjoy the same or similar protec-
tion with respect to holiday pay as is guaranteed in Germany.