Case C-466/07: Reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf (Germany), lodged on 22 October 2007 — Dietmar Klarenberg v Ferrotron Technologies GmbH
Date: 2007-10-22
Institutions: Court of Justice
Subjects: board of management, business management, interpretation of the law, labour law, transfer of businesses

12.1.2008

EN

Official Journal of the European Union

C 8/5

Re:

Failure of the Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Council Directive 2003/109/EC of 25 November
2003 concerning the status of third-country nationals who are
long-term residents (OJ 2004 L 16, p. 44).

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Council Directive
2003/109/EC of 25 November 2003 concerning the status of
third-country nationals who are long-term residents, the Kingdom
of Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

does Article 15(c),
Convention, offer supplementary or other protection?

in comparison with Article 3 of

the

2. If Article 15(c) of the Directive, in comparison with Article 3
of the Convention, offers supplementary or other protection,
what are the criteria in that case for determining whether a
person who claims to be eligible for subsidiary protection
status runs a real risk of serious and individual threat by
indiscriminate violence within the terms of
reason of
Article 15(c) of
the Directive, read in conjunction with
Article 2(e) thereof?

(1) OJ L 304, p. 12.

(1) OJ C 69, 24.3.2007.

Reference for a preliminary ruling from the Landesarbeits-
gericht Düsseldorf (Germany), lodged on 22 October 2007
— Dietmar Klarenberg v Ferrotron Technologies GmbH

(Case C-466/07)

(2008/C 8/09)

Language of the case: German

Referring court

Landesarbeitsgericht Düsseldorf

Parties to the main proceedings

Applicant: Dietmar Klarenberg

Defendant: Ferrotron Technologies GmbH

Question referred

Is a part of an undertaking or business only transferred to
another employer within the meaning of Article 1(1)(a) and (b)
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 busi-
nesses (1), if the new employer operates the part of an under-
taking or business as an organisationally autonomous part of an
undertaking or business?

(1) OJ L 82, 12.3.2001, p. 16.

Reference for a preliminary ruling from the Raad van State
lodged on 17 October 2007 — M. and
(Netherlands)

N. Elgafaji v Staatssecretaris van Justitie

(Case C-465/07)

(2008/C 8/08)

Language of the case: Dutch

Referring court

Raad van State/Netherlands

Parties to the main proceedings

Appellants: M. Elgafaji, N. Elgafaji and Staatssecretaris van Justitie

Questions referred

1. Is Article 15(c) of Council Directive 2004/83/EC (1) on
minimum standards for the qualification and status of third
country nationals or stateless persons as refugees or as
persons who otherwise need international protection and the
content of
the protection granted to be interpreted as
offering protection only in a situation on which Article 3 of
the Convention for the Protection of Human Rights and
Fundamental Freedoms, as interpreted in the case-law of the
European Court of Human Rights, also has a bearing, or