Case C-79/05: Action brought on 17 February 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, dangerous substance, environmental protection, ozone, refrigeration industry, stratospheric pollution

C 93/16

EN

Official Journal of the European Union

16.4.2005

Action brought on 17 February 2005 by the Commission
of the European Communities against the Italian Republic

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Castilla y León, Sala de lo Social,
by order of that court of 28 January 2005 in Anacleto
Cordero Alonso v Fondo de Garantía Salarial

(Case C-79/05)

(2005/C 93/29)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 17 February
2005 by the Commission of the European Communities, repre-
sented by U. Wölker and A. Aresu, acting as Agents.

The Commission claims that the Court should:

in particular in respect of

1. declare that, by failing to adopt all precautionary measures
practicable to prevent and minimise leakages of controlled
substances,
the obligation to
check annually for leakages fixed equipment with a refriger-
ating fluid charge of more than 3 kg, the Italian Republic
has failed to fulfil
its obligations under Article 17(1) of
Regulation (EC) No 2037/2000 of the European Parliament
and of the Council of 29 June 2000 on substances that
deplete the ozone layer; (1)

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

On the basis of the available information, the Italian Republic
does not appear to have yet adopted any measures in accord-
ance with Article 17(1) of Regulation (EC) No 2037/2000.

(1) OJ L 244 of 29. 9. 2000, p. 1.

(Case C-81/05)

(2005/C 93/30)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunal Superior de Justicia
de Castilla y León, Sala de lo Social (High Court of Justice of
Castille and León, Social Chamber) (Spain) of 28 January 2005,
the Court Registry on 18 February
which was received at
2005, for a preliminary ruling in the case of Anacleto Cordero
Alonso against Fondo de Garantía Salarial.

The Tribunal Superior de Justicia de Castilla y León, Sala de lo
Social, asks the Court of Justice to give a preliminary ruling on
the following questions:

1. Do the obligation imposed on the Member States to take all
to
appropriate measures, whether general or particular,
ensure fulfilment of the obligations arising out of the Treaty
establishing the European Community or resulting from
action taken by the institutions of the Community (Article
10 EC), and the principle of the primacy of Community law
law imply, of themselves and without the
over national
need for specific provisions of national law, that national
courts have the power to disapply all provisions of national
law which are contrary to Community law, irrespective of
the status of such provisions in the hierarchy of norms
(regulations, laws and even a constitution)?

2.

(a) Where Spanish administrative and judicial

institutions
are required to rule on the right of an employee whose
employer has been declared insolvent to receive, from
the Fondo de Garantía Social, the compensation owed
to him as a result of the termination of a contract of
employment which, under national legislation, is guar-
anteed in the event of insolvency, are they applying
Community law notwithstanding that Articles 1 and 3
of Directive 80/987/EEC (1) do not specifically provide
for compensation in the event of the termination of the
contract?

(b) If so, when applying Directive 80/987/EC and the provi-
sions of national
law transposing the content thereof,
are the Spanish administrative and judicial institutions
bound by the principle of equality before the law and
the prohibition of discrimination deriving from Com-
munity law, as defined by the interpretation thereof
given by the Court of Justice of the European Commu-
nities, notwithstanding that that interpretation does not
coincide with the interpretation in the case-law of the
Spanish Constitutional Court of the equivalent funda-
mental right which is enshrined in the Spanish Constitu-
tion?