Case C-115/06: Reference for a preliminary ruling from the Arbeitsgericht Berlin, lodged on  28 February 2006  — Annette Radke v Achterberg Service GmbH & Co. KG
Date: 2006-06-03
Institutions: Court of Justice
Subjects: approximation of laws, collective dismissal, interpretation of the law, worker consultation

3.6.2006

EN

Official Journal of the European Union

C 131/29

2. Does the Sixth Directive preclude a national

law which

2.

allows exemption only for full chartering?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
– Common system of value added tax: uniform basis of assessment
(OJ 1977 L 145, p. 1).

(a) Is the Directive to be interpreted to the effect that notifi-
cation may not be issued to the employment authority
under Article 3 of the Directive until after the consulta-
tion procedure has been concluded?

(b) If Question 2(a) should be answered in the affirmative
must both the negotiations on the avoidance of collec-
tive redundancies or the reduction of the number of
workers affected and the negotiations on the mitigation
of the consequences have been concluded before notifi-
cation is issued?

Reference for a preliminary ruling from the Arbeitsgericht
Berlin, lodged on 28 February 2006 — Annette Radke v
Achterberg Service GmbH & Co. KG

(1) OJ 1998 L 225, p. 16.

(Case C-115/06)

(2006/C 131/52)

Language of the case: German

Referring court

Arbeitsgericht Berlin

Parties to the main proceedings

Claimant: Annette Radke

Action brought on 28 February 2006 — Commission of
the European Communities v Italian Republic

(Case C-119/06)

(2006/C 131/53)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, acting as Agent, and M. Mollica, Avvocato)

Defendant: Achterberg Service GmbH & Co. KG

Defendant: Italian Republic

Questions referred

Form of order sought

1.

(a) Is Council Directive 98/59/EC (1) of 20 July 1998 on the
approximation of the laws of the Member States relating
to collective redundancies to be interpreted to the effect
that the consultation procedure under Article 2 of the
Directive is concluded as soon as direct negotiations
between the employer and the workers' representatives
have failed or, where the employer and/or workers'
representatives refer the matter to an establishment-level
arbitration committee provided for by national law, do
the negotiations before that committee also have to
have been concluded?

(b) If the second alternative part of the question should be
answered in the affirmative does the Directive require,
before the notices of dismissal are announced,
the
conclusion of both the negotiations before the arbitra-
tion committee as to ways and means of avoiding
reducing the number of
collective redundancies or
workers affected and the negotiations on ways and
means of mitigating the consequences by recourse to
accompanying social measures?

for

Sanitarie

framework agreement

— A Declaration that, as the region of Tuscany and the
(public health authorities)
Tuscan Aziende
concluded the regional
the
supply of healthcare transport services on 11 October 1999
with the Confederazione delle Misericordie d'Italia, ANPAS
— the Tuscan regional committee and the Croce Rossa
Italiana — Tuscan division, and subsequently extended that
framework agreement by means of a memorandum of
in April
understanding on 28 March 2003 and, finally,
2004, on the basis of Regional Decision No 379 of 19
April 2004, concluded a new regional framework agree-
ment maintaining
above-
mentioned organisations and entrusting the administration
of the services in question to them for the period from
January 2004 to December 2008, the Italian Republic has
failed to fulfil
its obligations under Council Directive
92/50/EEC (1) of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts and,
in particular, Articles 11, 15 and 17 thereof.

relationship with the

the

— An order that the Italian Republic should pay the costs.