CELEX: C2001/303/15
Language: en
Date: 2001-10-27 00:00:00
Title: Case C-318/01: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Roma by order of that court of 27 February 2001 in the case of Informatica e Telecomunicazioni I & T SpA against Direzione Regionale delle Entrate per il Lazio

27.10.2001             EN                   Official Journal of the European Communities                                         C 303/9
      administrative authorities of instances of incorrect label-      2.    Is Article 13 of Decision No 1/80 of the Association
      ling, pursuant to Council Regulation (EC) No 1139/98 (1)               Council of 19 September 1980 on the development
      of 26 May 1998 concerning the compulsory indication                    of the Association between the European Economic
      of the labelling of certain foodstuffs produced from                   Community and Turkey also to be applied to workers
      genetically modified organisms of particulars other than               employed in Turkey, who, as long-distance lorry drivers
      those provided for in Directive 79/112/EEC (2), constitute             engaged in international haulage, regularly pass through
      ‘information relating to the environment’ within the                   a Member State of the Community without belonging to
      meaning of Article 2(a) of Council Directive                           the legitimate labour force of that Member State?
      90/313/EEC (3) of 7 June 1990 on the freedom of access
      to information on the environment?
                                                                       3.    Is Article 41(1) of the Additional Protocol of 23 Novem-
2.    Does information contained in administrative documents                 ber 1970 to the Agreement establishing an Association
      revealing the frequency with which administrative penal-               between the European Economic Community and Turkey
      ties have been imposed for infringement of Regulation                  to be interpreted as meaning that
      (EC) No 1139/98 constitute ‘information relating to the
      environment’ within the meaning of Article 2(a) of                     (a)   a Turkish worker is entitled to plead a restriction on
      Council Directive 90/313/EEC of 7 June 1990 on the                           the freedom to provide services which is contrary to
      freedom of access to information on the environment?                         the Additional Protocol and, if so, that
3.    Does information contained in administrative documents
      revealing the manufacturers and products to which                      (b) a new restriction on the freedom to provide services
      administrative penalties for infringement of Regulation                      also exists where a Member State of the Community,
      (EC) No 1139/98 relate constitute ‘information relating                      from the entry into force of the Additional Protocol,
      to the environment’ within the meaning of Article 2(a) of                    restricts the access of Turkish workers to the
      Council Directive 90/131/EEC of 7 June 1990 on the                           employment market and thereby impedes the free-
      freedom of access to information on the environment?                         dom to provide services of businessmen employing
                                                                                   the workers?
(1) OJ 1998 L 159, p. 4.
(2) OJ 1979 L 33, p. 1.
(3) OJ 1990 L 158, p. 56.
Reference for a preliminary ruling by the Bundessozial-
                                                                       Reference for a preliminary ruling by the Commissione
gericht by order of that court of 20 June 2001 in the case
                                                                       Tributaria Provinciale di Roma by order of that court of
of 1. Eran Abatay, 2. Abdulgam Balikci, 3. Ismail Birer and
                                                                       27 February 2001 in the case of Informatica e Telecomu-
          4. Rafik Günes v Bundesanstalt für Arbeit
                                                                       nicazioni I & T SpA against Direzione Regionale delle
                                                                                               Entrate per il Lazio
                         (Case C-317/01)
                         (2001/C 303/14)                                                        (Case C-318/01)
Reference has been made to the Court of Justice of the
European Communities by order of the Bundessozialgericht                                        (2001/C 303/15)
(Federal Social Court) of 20 June 2001, received at the Court
Registry on 13 August 2001, for a preliminary ruling in the
case of 1. Eran Abatay, 2. Abdulgam Balikci, 3. Ismail Birer           Reference has been made to the Court of Justice of the
and 4. Rafik Günes v Bundesanstalt für Arbeit (Federal Labour          European Communities by order of the Commissione Tributa-
Office) on the following questions:                                    ria Provinciale di Roma of 27 February 2001, which was
                                                                       received at the Court Registry on 14 August 2001, for a
1.    Is Article 13 of Decision No 1/80 of the Association             preliminary ruling in the case of Informatica e Telecomunica-
      Council of 19 September 1980 on the development                  zioni I & T SpA against Direzione Regionale delle Entrate per
      of the Association between the European Economic                 il Lazio on the following question:
      Community and Turkey to be interpreted as prohibiting
      a Member State of the Community from introducing
      national provisions which, in comparison with the pos-           Is a legislative measure imposing a charge on the net assets of
      ition under national law on 1 December 1980, lay down            a company having effects equivalent to an indirect charge on
      new restrictions on access to the employment market for          transfers compatible with Community law and in particular
      Turkish workers generally, or does the prohibition on            with Directive 69/335/EEC?
      introducing new restrictions under Article 13 of Decision
      No 1/80 relate only to the time when a worker is first
      legally resident and employed?