Case C-489/04: Judgment of the Court (Fourth Chamber) of 7 September 2006 (reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen, Germany) — Alexander Jehle, Weinhaus Kiderlen v Land Baden-Württemberg (Regulation (EC) No 1019/2002 — First paragraph of Article 2 — Olive oil and olive-pomace oil — Marketing standards — Retail trade — Presentation to the final consumer — So-called bag in the box method)
Date: 2006-10-28
Institutions: Court of Justice
Subjects: interpretation of the law, marketing standard, olive oil, packaging

C 261/4

EN

Official Journal of the European Union

28.10.2006

Judgment of the Court (Fourth Chamber) of 7 September
2006 (reference for a preliminary ruling from the Verwal-
tungsgericht Sigmaringen, Germany) — Alexander Jehle,
Weinhaus Kiderlen v Land Baden-Württemberg

Judgment of the Court (First Chamber) of 7 September
2006 (reference for a preliminary ruling from the Tribunal
Superior de Justicia de Castilla y León — Spain) —
Anacleto Cordero Alonso v Fondo de Garantía Salarial
(Fogasa)

(Case C-489/04) (1)

(Regulation (EC) No 1019/2002 — First paragraph of
Article 2 — Olive oil and olive-pomace oil — Marketing
trade — Presentation to the final
standards — Retail

consumer — So-called ‘bag in the box’ method)

(2006/C 261/06)

Language of the case: German

Referring court

Verwaltungsgericht Sigmaringen

Parties to the main proceedings

(Case C-81/05) (1)

(Social policy — Protection of workers in the event of the
insolvency of their employer — Directive 80/987/EEC —
Amending Directive 2002/74/EC — Compensation for
dismissal agreed during conciliation — Payment guaranteed
by the guarantee institution — Payment subject to the adop-
tion of a judicial decision)

(2006/C 261/07)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla y León

Applicants: Alexander Jehle, Weinhaus Kiderlen

Parties to the main proceedings

Defendant: Land Baden-Württemberg

Applicant: Anacleto Cordero Alonso

Re:

Preliminary ruling — Verwaltungsgericht Sigmaringen — Inter-
pretation of 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) — Presentation
of olive oils and olive-pomace oils to final consumers in pre-
sealed packaging having a maximum capacity of five litres —
Possibility of selling olive oil which is presented in a five-litre
‘Bag in the Box’ and which consumers draw off in smaller
amounts within the shop

Operative part of the judgment

1. Commission Regulation (EC) No 1019/2002 of 13 June 2002
on marketing standards for olive oil, as amended by Commission
Regulation (EC) No 1176/2003 of 1 July 2003, and in particu-
lar the first paragraph of Article 2 thereof, must be construed as
meaning that olive oils and olive-pomace oils may be presented to
the final consumer only in packaging which complies with the
requirements laid down by that provision.

2. The first paragraph of Article 2 of Regulation No 1019/2002,
as amended by Regulation (EC) No 1176/2003, must be
construed as prohibiting a method of marketing, such as that used
by the applicant in the main proceedings, which does not meet the
conditions laid down by that provision.

(1) OJ C 45, 19.2.2005.

Defendant: Fondo de Garantía Salarial (Fogasa)

Re:

Reference for a preliminary ruling — Tribunal Superior de
Justicia de Castilla y León — Interpretation of Council Directive
80/987/EEC of 20 October 1980 on the approximation of the
laws of
the Member States relating to the protection of
employees in the event of the insolvency of their employer (OJ
1980 L 283, p. 23), amended by Directive 2002/74/EC of the
European Parliament and of the Council of 23 September 2002
(OJ 2002 L 270, p. 10) — Articles 1 and 3 — Application of
Community law — Primacy — Protection of workers already
law — Time-limit for transposing the
conferred by national
relevant directive not yet expired — Interpretation by the
Court of Justice not the same as that by the Spanish Constitu-
tional Court — Equal treatment

Operative part of the judgment

The Court:

1. Where, before the entry into force of Directive 2002/74/EC of the
European Parliament and of the Council of 23 September 2002
amending Directive 80/987/EEC, a Member State has already
conferred on employees a statutory entitlement to protection by a
guarantee institution in the event of an employer's insolvency with
regard to compensation for termination of the contract of employ-
ment, the application of that legislation to cases where the employ-
er's insolvency occurred after the entry into force of that directive
falls within the scope of Council Directive 80/987/EEC of 20
October 1980 on the approximation of the laws of the Member
States relating to the protection of employees in the event of the
insolvency of their employer, as amended by Directive 2002/74.