Case C-486/08: Reference for a preliminary ruling from the Landesgericht Innsbruck (Austria) lodged on 12 November 2008 — Zentralbetriebsrat der Landeskrankenhauser Tirols v Land Tirol
Date: 2008-10-12
Institutions: Court of Justice
Subjects: interpretation of the law, public sector, regional and local authorities, work schedule, working conditions, working time

C 44/26

EN

Official Journal of the European Union

21.2.2009

Reference for a preliminary ruling from the Sächsisches
Finanzhof
lodged on 5 November 2008 —
Ingenieurbüro Eulitz GbR Thomas and Marion Eulitz v
Finanzamt Dresden I

(Germany)

Reference for a preliminary ruling from the Landesgericht
Innsbruck (Austria)
lodged on 12 November 2008 —
Zentralbetriebsrat der Landeskrankenhauser Tirols v Land
Tirol

(Case C-473/08)

(2009/C 44/43)

(Case C-486/08)

(2009/C 44/44)

Language of the case: German

Language of the case: German

Referring court

Sächsisches Finanzhof

Referring court

Landesgericht Innsbruck als Arbeits- und Sozialgericht

Parties to the main proceedings

Applicants: Ingenieurbüro Eulitz GbR Thomas and Marion Eulitz

Parties to the main proceedings

Applicant: Zentralbetriebsrat der Landeskrankenhauser Tirols

Defendant: Finanzamt Dresden I

Questions referred

1. Is teaching and examination work which a graduate engineer
performs at an education institute established as a private-
law association for participants in advanced training courses
who already have at least a university or higher technical
college qualification as an architect or an engineer or who
have an equivalent education, where the course is concluded
with an examination, ‘school or university education’ within
the meaning of Article 13A(1)(j) of Directive 77/388/EEC (1)?

2. Is a person who otherwise satisfies the requirements to be a
teacher giving tuition privately within the meaning of the
provision referred to under 1 excluded from that category of
persons if

— he receives payment (in full or in part) for his teaching
classes even if no participants have enrolled for the
teaching class in question, but he has already done
preparatory work for it, or

— he is responsible, repeatedly and continuously over a
considerable period of time, for organising the relevant
teaching and examination work, or

— in addition to his direct tuition work, he has taken on a
professionally and/or organisationally prominent position
compared with the other lecturers on the course in ques-
tion?

Is such exclusion to be taken to exist if just one of those criteria
is satisfied, or only if two or all three criteria have been met?

(1) OJ L 145, p. 1.

Defendant: Land Tirol

Questions referred

1. Is it compatible with Clause 4(1) of the Framework Agree-
ment on part-time work of 6 June 1997 which was imple-
mented by the Directive on part-time work (Council Direc-
tive 97/81/EC (1) of 15 December 1997, OJ 1998 L 14,
p. 9), that workers employed under a private law contract by
a local or regional authority or a public undertaking and
who work less than 12 hours per week (30 % of the normal
working time), be treated less favourably than comparable
full-time workers with regard to remuneration, classification
in salary group, recognition of previous periods of service,
entitlement
to leave, additional payments and overtime
supplements etc.?

2. Is the pro-rata-temporis principle, as set out in Clause 4(2) of
the Framework Agreement, to be interpreted as precluding a
provision of national
law such as Paragraph 55(5) of the
L-VBG, under which in the event of a change in the working
hours of an employee, the amount of leave not yet taken is
adjusted proportionally to the new working hours, with the
result that the worker who reduces his working hours from
full-time to part-time, has his entitlement to leave accumu-
lated while working full-time reduced or, as a part-time
worker, he can only take that leave with a reduced level of
payment for leave?

3. Is a provision of national law, such as Paragraph 1(2)(m) of
the L-VBG, according to which workers employed for a
period not exceeding 6 months or on a casual basis are
treated less favourably with regard to remuneration, classifi-
cation in salary group, recognition of previous periods of
service, entitlement to leave, additional payments and over-
time supplements etc., contrary to Clause 4 of the Frame-
work Agreement of the European Social Partners as imple-
mented by Directive on fixed-term work 1999/70/EC (2) of
28 June 1999 (OJ 1999 L 175, p. 43)?

21.2.2009

EN

Official Journal of the European Union

C 44/27

4. Is there indirect discrimination on grounds of sex within the
meaning of Article 14(1)(c) of the Equal Treatment Directive
of 5 July 2006 (Directive 2006/54/EC (3), OJ 2006 L 204,
p. 23), if, in the case of employees who take the full two
years' parental leave permissible by law, the entitlement to
annual leave from the year preceding the birth expires before
the end of
the
workers affected are women (97 %)?

leave, and the majority of

the parental

(1) OJ L 14, p. 9.
(2) OJ L 175, p. 43.
(3) OJ L 204, p. 23.

Action brought on 12 November 2008 — Commission of
the European Communities v Italian Republic

(Case C-491/08)

(2009/C 44/45)

Language of the case: Italian

Pleas in law and main arguments

The Commission is aware that a tourist complex, which includes
a golf course, is under construction within the Is Arenas SCI. In
the Commission's view, the planned tourist infrastructure in the
Is Arenas SCI
is predominantly located in the areas which
ensure the ecological connection between the two largest areas
of pine forest. It is therefore likely to have a significant negative
impact on such areas, and especially on their function as an
‘ecological link’.

Moreover, among the undesirable features of the project, the
Commission draws attention to the reduction and modification
of original habitats, inter alia through the introduction of alien
species such as grasses from the golf course; the loss of habitats;
the effects of trampling and compaction of ground; the loss of
spaces; the impact of the arrival of bathers on the habitats of
the first coastal zone, which is particularly important as it
contains the dune systems; and tree felling.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (OJ 1992 L 206,
p. 7).

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia, agent)

Appeal brought on 18 November 2008 by Pilar Angé
Serrano, Jean-Marie Bras, Adolfo Orcajo Teresa, Dominiek
Decoutere, Armin Hau and Francisco Javier Solana Ramos
against the judgment delivered on 18 September 2008 in
Case T-47/05 Angé Serrano and Others v Parliament

Defendant: Italian Republic

Forms of order sought

— Declare that, in respect of the planned tourist complex ‘Is
Arenas’ in the Municipality of Narbolia, which concerns the
habitats and species present in site ITB032228 ‘Is Arenas’:

Parties

(Case C-496/08 P)

(2009/C 44/46)

Language of the case: French

— the Italian Republic has failed to fulfil

its obligations
under Directive 92/43/EEC by failing to adopt, before
19 July 2006, preservation measures which, having
regard to the conservation aim of
that directive, are
the purposes of preserving the relevant
suitable for
ecological
level by the
(SCI)
proposed
ITB032228 ‘Is Arenas’, and in particular by failing to
prevent an activity likely seriously to endanger the ecolo-
gical characteristics of the site (1); and

interest represented at national
of Community
site

importance

Appellants: Pilar Angé Serrano, Jean-Marie Bras, Adolfo Orcajo
Teresa, Dominiek Decoutere, Armin Hau and Francisco Javier
Solana Ramos (represented by: E. Boigelot, lawyer)

Other parties to the proceedings: European Parliament, Council of
the European Union

Form of order sought

— the Italian Republic has failed to fulfil

its obligations
under Article 6(2) of Directive 92/43/EEC by failing to
adopt, after 19 July 2006, appropriate measures to
prevent
the deterioration of natural habitats and the
habitats of species, as well as disturbance of the species
for which that SCI was designated; and

— Order the Italian Republic to pay the costs.

— declare the appeal admissible, and consequently:

— as regards Mrs Angé Serrano, Mr Bras and Mr Orcajo
Teresa, annul the judgment under appeal, first, in so far
as it holds that there is no need to adjudicate with
respect to them as regards their first plea and, secondly,
in so far as it dismisses their claim for damages;