Case C-313/07: Judgment of the Court (Fourth Chamber) of 16 October 2008 (reference for a preliminary ruling from the Juzgado de lo Mercantil — Barcelona) — Kirtruna SL, Elisa Vigano v Red Elite de Electrodomésticos SA, Cristina Delgado Fernández de Heredia, Sergio Sabini Celio, Miguel Oliván Bascones, Electro Calbet SA (Social policy — Directive 2001/23/EC — Transfer of undertaking — Safeguarding of employees' rights — Insolvency proceedings — Assignment of lease)
Date: 2008-10-16
Institutions: Court of Justice
Subjects: debt, financial solvency, interpretation of the law, job preservation, labour law, transfer of businesses, work contract

C 313/8

EN

Official Journal of the European Union

6.12.2008

Operative part of the judgment

Article 5(1)(c) of Directive 2000/31/EC of the European Parliament
and of the Council of 8 June 2000 on certain legal aspects of informa-
tion society services, in particular electronic commerce, in the internal
market
(‘Directive on electronic commerce’) must be interpreted as
meaning that a service provider is required to supply to recipients of
the service, before the conclusion of a contract with them, in addition
to its electronic mail address, other
information which allows the
service provider to be contacted rapidly and communicated with in a
direct and effective manner. That information does not necessarily have
to be a telephone number. That information may be in the form of an
electronic enquiry template through which the recipients of the service
can contact the service provider via the internet, to whom the service
provider replies by electronic mail except in situations where a recipient
of the service, who, after contacting the service provider electronically,
finds himself without access to the electronic network, requests the
latter to provide access to another, non-electronic, means of communi-
cation.

(1) OJ C 223, 22.9.2007.

Judgment of the Court (Fourth Chamber) of 16 October
2008 (reference for a preliminary ruling from the Lunds
tingsrätt — Sweden) — Svenska staten represented by the
Tillsynsmyndigheten i konkurser v Anders Holmqvist

(Case C-310/07) (1)

(Approximation of laws — Protection of employees in the
event of
their employer — Directive
80/987/EEC — Article 8a — Activities carried out in a
number of Member States)

the insolvency of

(2008/C 313/12)

Language of the case: Swedish

Referring court

Lunds tingsrätt

Parties to the main proceedings

Applicant: Svenska staten represented by the Tillsynsmyndigh-
eten i konkurser

Defendant: Anders Holmqvist

Re:

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), as amended by Directive 2002/74/EC of the European
Parliament and of the Council of 23 September 2003 (OJ 2002
L 270, p. 10) — Wage guarantee for a worker employed in a
road haulage undertaking having its head office and only estab-
lishment in a Member State and which carries out deliveries of
goods between the Member State of origin and other Member
States.

Operative part of the judgment

Article 8a 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/EC of the European Parliament
and of the Council of 23 September 2003, must be interpreted as
meaning that, in order for an undertaking established in a Member
State to be regarded as having activities in the territory of another
Member State, that undertaking does not need to have a branch or
fixed establishment
in that other State. The undertaking must,
however, have a stable economic presence in the latter State, featuring
human resources which enable it to perform activities there. In the case
of a transport undertaking established in a Member State, the mere
fact that a worker employed by it in that State delivers goods between
that State and another Member State cannot demonstrate that the
undertaking has a stable economic presence in another Member State.

(1) OJ C 211, 8.9.2007.

Judgment of the Court (Fourth Chamber) of 16 October
2008 (reference for a preliminary ruling from the Juzgado
de lo Mercantil — Barcelona) — Kirtruna SL, Elisa Vigano
v Red Elite de Electrodomésticos SA, Cristina Delgado
Fernández de Heredia, Sergio Sabini Celio, Miguel Oliván
Bascones, Electro Calbet SA

(Case C-313/07) (1)

(Social policy — Directive 2001/23/EC — Transfer of under-
taking — Safeguarding of employees' rights — Insolvency
proceedings — Assignment of lease)

(2008/C 313/13)

Language of the case: Spanish

Referring court

Reference for a preliminary ruling — Lunds Tingsrätt — Inter-
pretation of Article 8a of Council Directive 80/987/EEC of

Juzgado de lo Mercantil (Barcelona, Spain)

6.12.2008

EN

Official Journal of the European Union

C 313/9

Parties to the main proceedings

Defendant: Bureau d'intervention et de restitution belge (BIRB)

Applicants: Kirtruna SL, Elisa Vigano

Defendants: Red Elite de Electrodomésticos SA, Cristina Delgado
Fernández de Heredia, Sergio Sabini Celio, Miguel Oliván
Bascones, Electro Calbet SA

Re:

Re:

Reference for a preliminary ruling — Juzgado de lo Mercantil —
Interpretation 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 (OJ 2001 L 82, p. 16)

Operative part of the judgment

Article 3(1) 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 undertak-
ings, businesses or parts of undertakings or businesses does not require,
in the event of transfer of an undertaking, the preservation of the lease
of commercial premises entered into by the transferor of the under-
taking with a third party even though the termination of that lease is
likely to entail the termination of contracts of employment transferred
to the transferee.

(1) OJ C 211, 8.9.2007.

Preliminary ruling — Tribunal de première instance de Bruxelles
— Interpretation of Article 15 of Council Regulation (EC)
No 1260/2001 of 19 June 2001 on the common organisation
of the markets in the sugar sector (OJ 2001 L 178, p. 1) —
Validity of Commission Regulation (EC) No 314/2002 of
20 February 2002 laying down detailed rules for the application
of the quota system in the sugar sector (OJ 2002 L 50, p. 40)
— Validity of Commission Regulation (EC) No 1775/2004 of
14 October 2004 setting the production levies in the sugar
sector for the 2003/04 marketing year (OJ 2004 L 316, p. 64);
of Commission Regulation (EC) No 1762/2003 of 7 October
2003 fixing the production levies in the sugar sector for the
2002/03 marketing year (OJ 2003 L 254, p. 4); of Commission
Regulation (EC) No 1837/2002 of 15 October 2002 fixing the
production levies and the coefficient for the additional levy in
the sugar sector for the marketing year 2001/02 (OJ 2002
L 278, p. 13); of Commission Regulation (EC) No 1993/2001
of 11 October 2001 fixing the production levies in the sugar
sector for the 2000/01 marketing year (OJ 2001 L 271, p. 15);
and of Commission Regulation (EC) No 2267/2000 of
12 October 2000 fixing the production levies and the coeffi-
cient for calculating the additional levy in the sugar sector for
the 1999/2000 marketing year (OJ 2000 L 259, p. 29) —
Calculation method used to evaluate the total loss to be financed
by the production levy — Taking into account, for the calcula-
tion of the exportable surplus, of all quantities of sugar exported
and, for the calculation of the average loss per tonne of sugar,
only of the quantities which gave rise to the payment of the
export refund

Order of the Court of 6 October 2008 (reference for a
preliminary ruling from the Tribunal de première instance
de Bruxelles (Belgium)) — Raffinerie Tirlemontoise SA v
Bureau d'intervention et de restitution belge (BIRB)

Operative part of the order

(Case C-200/06) (1)

(Article 104(3) of the Rules of Procedure — Sugar — Produc-
tion levies — Detailed rules for the application of the quota
system — Taking into account of the quantities of sugar
contained in the processed products — Calculation of the
exportable surplus — Calculation of the average loss)

(2008/C 313/14)

Language of the case: French

Referring court

Tribunal de première instance de Bruxelles (Belgium)

Parties

Applicant: Raffinerie Tirlemontoise SA

1. Pursuant

to Article 15(1)(c)

of Council Regulation (EC)
No 1260/2001 of 19 June 2001 on the common organisation of
the markets in the sugar sector, the exportable surplus includes the
quantities of sugar which fall under that article contained in the
processed products exported, regardless of whether or not refunds
have actually been paid.

Article 15(1)(d) of that regulation is to be interpreted as meaning
that all the quantities of exported products which fall under that
article must, regardless of whether or not refunds have actually been
paid, be taken into account for the purpose of calculating both the
exportable surplus and the average loss per tonne of product.

Examination of Article 6(4) and (5) of Commission Regulation
(EC) No 314/2002 of 20 February 2002 laying down detailed
rules for the application of the quota system in the sugar sector,
where appropriate, as amended by Commission Regulation (EC)
No 1140/2003 of 27 June 2003 and Commission Regulation
(EC) No 38/2004 of 9 January 2004 has not disclosed the exis-
tence of any factors such as to affect its validity.