Case C-466/07: Judgment of the Court (Fourth Chamber) of 12 February 2009 (reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf (Germany)) — Dietmar Klarenberg v Ferrotron Technologies GmbH (Social policy — Directive 2001/23/EC — Transfer of undertakings — Safeguarding of employees' rights — Concept of legal transfer — Legal transfer of a part of a business to another undertaking — Organisational autonomy following the transfer)
Date: 2009-02-12
Institutions: Court of Justice
Subjects: board of management, business management, interpretation of the law, labour law, transfer of businesses

4.4.2009

EN

Official Journal of the European Union

C 82/5

Operative part of the judgment

Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May
2000 on insolvency proceedings must be interpreted as meaning that
the courts of the Member State within the territory of which insolvency
proceedings have been opened have jurisdiction to decide an action to
set a transaction aside by virtue of insolvency that is brought against a
person whose registered office is in another Member State.

undertakings, businesses or parts of undertakings or businesses must be
interpreted as meaning that that directive may also apply in a situation
where the part of the undertaking or business transferred does not
retain its organisational autonomy, provided that the functional link
between the various elements of production transferred is preserved, and
that that link enables the transferee to use those elements to pursue an
identical or analogous economic activity, a matter which it is for the
national court to determine.

(1) OJ C 269, 10.11.2007.

(1) OJ C 8, 8.12.2008.

Judgment of the Court (Fourth Chamber) of 12 February
2009 (reference for a preliminary ruling from the Landesar-
beitsgericht Düsseldorf (Germany)) — Dietmar Klarenberg
v Ferrotron Technologies GmbH

(Case C-466/07) (1)

(Social policy — Directive 2001/23/EC — Transfer of under-
takings — Safeguarding of employees' rights — Concept of
legal transfer — Legal transfer of a part of a business to
another undertaking — Organisational autonomy following
the transfer)

(2009/C 82/08)

Language of the case: German

Referring court

Landesarbeitsgericht Düsseldorf

Parties to the main proceedings

Applicant: Dietmar Klarenberg

Defendant: Ferrotron Technologies GmbH

Re:

Reference for a preliminary ruling — Landesarbeitsgericht Düsseldorf
— Interpretation 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 under-
takings or businesses (OJ 2001 L 82, p. 16) — Applicability of
Directive 2001/23/EC in the event of a legal transfer of a part of a
business to another undertaking which integrates,
into its organisa-
tional structure, the part of the business that has been transferred
without preserving the latter's organisational autonomy — Concept of
‘transfer’ for the purposes of Directive 2001/23/EC

Operative part of the judgment

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

Judgment of the Court (Third Chamber) of 12 February
the European Communities v
2009 — Commission of

Republic of Poland

(Case C-475/07) (1)

(Failure of a Member State to fulfil its obligations — Electri-
city tax — Directive 2003/96/EC — First subparagraph of
Article 21(5) — Time at which the tax becomes chargeable)

(2009/C 82/09)

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Mölls and K. Herrmann, Agents)

Defendant: Republic of Poland (represented by: T. Kozek, M.
Dowgielewicz, M. Jarosz and A. Rutkowska, Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed time limit, the measures necessary
to comply with Article 21(5) of Council Directive 2003/96/EC
of 27 October 2003 restructuring the Community framework
for the taxation of energy products and electricity (Text with
EEA Relevance) (OJ 2003 L 283, p. 51) — Time at which the
electricity tax becomes chargeable

Operative part of the judgment

The Court:

1. Declares that, by failing to adapt, by 1 January 2006, its system
of electricity tax, with regard to the time at which the electricity tax
becomes chargeable, to the requirements of the first subparagraph
of Article 21(5) of Council Directive 2003/96/EC of 27 October
2003 restructuring the Community framework for the taxation of
energy products and electricity, as amended by Council Directive
2004/74/EC of 29 April 2004, the Republic of Poland has failed
to fulfil its obligations under that directive.