Order of the Court (Fourth Chamber) of 26 May 2005 in Case C-297/03: Reference for a preliminary ruling from the Oberster Gerichtshof in Sozialhilfeverband Rohrbach v Arbeiterkammer Oberösterreich, Österreichischer Gewerkschaftsbund (Article 104(3) of the Rules of Procedure — Directive 2001/23/EC — Transfers of Undertakings — Possibility of relying on a directive against individuals — Employee opposition to the transfer of their contracts to the transferee)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: interpretation of the law, joint authority, private limited company, public sector, welfare, work contract

23.7.2005

EN

Official Journal of the European Union

C 182/19

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

of 26 May 2005

(Fourth Chamber)

of 15 March 2005

in Case C-297/03: Reference for a preliminary ruling from
the Oberster Gerichtshof in Sozialhilfeverband Rohrbach
v Arbeiterkammer Oberösterreich, Österreichischer
Gewerkschaftsbund (1)

in Case C-553/03 P: Panhellenic Union of Cotton Ginners
and Exporters v Commission of the European Commu-
nities and Hellenic Republic (1)

the Rules of Procedure — Directive
(Article 104(3) of
2001/23/EC — Transfers of Undertakings — Possibility of
relying on a directive against individuals — Employee opposi-
tion to the transfer of their contracts to the transferee)

(Appeal — State aid — Action for annulment — Article 119
of the Rules of Procedure)

(2005/C 182/35)

(2005/C 182/36)

(Language of the case: German)

(Language of the case: English)

In Case C-297/03: reference for a preliminary ruling under
Article 234 EC from the Oberster Gerichtshof (Supreme Court)
(Austria), made by decision of 4 June 2003, received at the
Court on 10 July 2003, in the proceedings between Sozialhil-
feverband Rohrbach and Arbeiterkammer Oberösterreich,
Österreichischer Gewerkschaftsbund — the Court (Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric (Rapporteur) and J. N. Cunha Rodrigues, Judges; P.
Léger, Advocate General; R. Grass, Registrar, made an order on
26 May 2005, the operative part of which is as follows:

1. A limited company governed by private law, the only shareholder
of which is a social assistance association governed by public law,
belongs to those entities subject
to Article 3(1) and the first
sentence of Article 1(1)(c) of Council Directive 2001/23/EC of
12 March 2001 on the approximation of the laws of the Member
States relating to the safeguarding of employees' rights in the event
of transfers of undertakings, businesses or parts of undertakings or
businesses.

In Case C-553/03 P: Panhellenic Union of Cotton Ginners and
Exporters
(lawyers: K. Adamantopoulos and J. Gutiérrez
Gisbert), with an address for service in Luxembourg, the other
parties to the proceedings being: Commission of the European
Communities (Agent: N. Khan) and Hellenic Republic (Agents:
V. Kontolaimos and I. Chalkias) — appeal pursuant to Article
56 of
lodged on 30
the Court of
December 2003 — the Court (Fourth Chamber), composed of
K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues
(Rapporteur) and E. Juhász, Judges; L.A. Geelhoed, Advocate
General; R. Grass, Registrar, made an order on 15 March 2005,
the operative part of which is as follows

the Statute of

Justice,

1. The appeal is dismissed.

2. Panhellenic Union of Cotton Ginners and Exporters shall bear its
own costs and shall pay those incurred by the Commission of the
European Communities in these proceedings.

2. A state entity which transfers its operations cannot rely on Articles
3(1) and 1(1)(c) of Directive 2001/23 against its employees in
order to force them to continue their employment relationships
with a transferee.

3. The Hellenic Republic shall bear its own costs.

(1) OJ C 226 of 20.9.2003.

(1) OJ C 59 of 06.03.2004.