CELEX: C1997/212/42
Language: en
Date: 1997-07-12 00:00:00
Title: Reference for a preliminary ruling by the Arrondissementsrechtbank Amsterdam by judgment of that court of 22 May 1997 in the case of Fitzwilliam Executive Search Limited, trading under the name of Fitzwilliam Technical Services (FTS) against Bestuur van het Landelijk Instituut Sociale Verzekeringen, successor in law of the Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Case C-202/97)

No C 212/22             EN                     Official Journal of the European Communities                                      12 . 7 . 97
     Even the instances expressly admitted by the Federal                 Adviser, and Dimitris Triantafillou, of its Legal Service,
     Republic of one-off infringements of the maximum                     with an address for service in Luxembourg at the office of
     limits would, in the event of the proposal for                       Carlos Gomez de la Cruz, of its Legal Service, Wagner
     amendment being accepted by the Council, still not                   Centre, Kirchberg.
     lose their significance so long as the Federal Republic
     continues on average to carry out only eight to 10                   The applicant claims that the Court should :
     sampling operations per bathing season.
— Infringement of Article 6 (1 ) of the Directive :                       1 . declare that, by not giving notification of the laws,
                                                                               regulations and administrative provisions necessary to
                                                                               comply with Council Directive 93/76/EEC of
     The report to the Commission for 1995 shows that                          13 September 1993 to limit carbon dioxide emissions
     6,5 % of bathing areas on German coasts and 42,5 %                        by improving energy efficiency ( Save ) ('), or by not
     of German internal bathing areas were not sufficiently                    having adopted the measures necessary to comply with
     monitored in 1995 .
                                                                               it, the Hellenic Republic has failed to fulfil its
                                                                               obligations under that Directive;
                                                                          2 . order the Hellenic Republic to pay the costs.
Reference for a preliminary ruling by the Royal Court of                  Pleas in law and main arguments adduced in support:
Jersey by order of that court dated 28 April 1997, in the
case of Emidio Marco Rios against His Excellency the                      Under Article 10 of Directive 93/76/EEC, the Member
                  Lieutenant Governor of Jersey                           States were to adopt the measures necessary to comply
                          ( Case C-l 99/97 )                              with its provisions by 31 December 1994 and to inform
                                                                          the Commission thereof.
                             ( 97/C 212/40 )
                                                                          The Commission notes that the Hellenic Republic has not
Reference has been made to the Court of Justice of the                    yet brought its legislation into line with the Directive ,
European Communities by an order of the Royal Court of                    thereby failing to fulfil its obligations under Article 189 of
Jersey dated 28 April 1997, which was received at the                     the EC Treaty and Article 10 of the Directive .
Court Registry on 23 May 1997, for a preliminary ruling
in the case of Emidio Marco Rios and His Excellency the
                                                                          (') OJ No L 237, 22 . 9 . 1993 , p . 28 .
Lieutenant Governor of Jersey on the following questions:
1 . On the premise that British citizens are not liable to
     immigration control in, or to be deported from, Jersey,
     does Article 4 of the third Protocol to the Act of
     Accession of the United Kingdom to the European
     Communities (') have the effect that nationals of                    Reference       for a preliminary ruling by the
     another Member State are equally not liable to be                    Arrondissementsrechtbank Amsterdam by judgment of
     deported from Jersey ?                                               that court of 22 May 1997 in the case of Fitzwilliam
                                                                          Executive Search Limited, trading under the name of
2 . If the answer to the first question is 'No', does                     Fitzwilliam Technical Services (FTS ) against Bestuur van
     Article 4 prohibit the competent authorities in Jersey               het Landelijk Instituut Sociale Verzekeringen, successor
      from deporting a national of another Member State                   in law of the Bestuur van de Nieuwe Algemene
      save where such deportation is justified on grounds of                                     Bedrij fsvereniging
     public policy, public security or public health ?                                             ( Case C-202/97 )
                                                                                                     ( 97/C 212/42 )
 (') Official Journal, English Special Edition, 27. 3 . 1972, p. 164 .
                                                                          Reference has been made to the Court of Justice
                                                                          of the European Communities by judgment of the
                                                                          Arrondissementsrechtbank ( District Court) Amsterdam of
                                                                          22 May 1997, received at the Court Registry on 27 May
Action brought on 26 May 1997 by the Commission of                         1997, for a preliminary ruling in the case of Fitzwilliam
  the European Communities against the Hellenic Republic                  Executive Search Limited, trading under the name of
                           ( Case C-201 /97                               Fitzwilliam Technical Services ( FTS ) against Bestuur van
                                                                          het Landelijk Instituut Sociale Verzekeringen, successor in
                              ( 97/C 212/41 )                             law of the Bestuur van de Nieuwe Algemene
                                                                          Bedrijfsvereniging, on the following questions:
 An action against the Hellenic Republic was brought
 before the Court of Justice of the European Communities                   1 . ( a ) May the words 'undertaking to which he is
 on 26 May 1997 by the Commission of the European                                    normally attached' in Article 14 ( 1 ) ( a ) of EEC
 Communities, represented by Hendrik Van Lier, Legal                                 Regulation No 1408/71 be supplemented by other
 ---pagebreak--- 12 . 7. 97                      EN                 Official Journal of the European Communities                                       No C 212/23
            terms or conditions not expressly mentioned                       Action brought on 27 May 1997 by the Commission of
            therein ?                                                         the European Communities against the Federal Republic
                                                                                                              of Germany
     ( b ) If so :                                                                                       ( Case C-203/97)
             (i)       Can such terms or conditions be formulated                                           ( 97/C 212/43 )
                       independently by the authorities of a Member
                       State ?
                                                                              An action against the Federal Republic of Germany was
                                                                              brought before the Court of Justice of the European
             ( ii ) May quantitative conditions — whether or
                                                                              Communities on 27 May 1997 by the Commission of the
                       not based on Decision No 128 ( ] ) — relating
                                                                              European Communities, represented by Klaus-Dieter
                       to the activities pursued in the different
                                                                              Borchardt, of its Legal Service, acting as Agent, with an
                       Member States, turnover and number of
                                                                              address for service in Luxembourg at the office of Carlos
                       employees be imposed with regard to the
                                                                              Gomez de la Cruz, of its Legal Service, Wagner Centre
                       words ' undertaking to which he is normally
                                                                              254, Kirchberg.
                       attached' in Article 14 ( 1 ) ( a ) of Regulation
                       ( EEC ) No 1408/71 ?
                                                                              The Commission claims that the Court should :
             ( iii ) In that context may the conditon be imposed
                       that the activities of the employer in the             — declare that, by failing to adopt within the prescribed
                       different Member States be exactly the same ?                  period the measures necessary to comply with
                                                                                      Commission       Directive     94/1 3/EC ( ! ), the  Federal
             ( iv ) If the conditions mentioned in ( ii ) and ( iii )                 Republic of Germany has failed to fulfil its obligations
                       cannot be imposed, what conditions may be                      under the EC Treaty and under that Directive, and
                       imposed ?
             ( v ) Must such conditions — where imposed — be                  — order the defendant to pay the costs .
                       communicated to the employer before the
                       commencement of the employment ?                       Pleas in law and main arguments adduced in support;
      (c ) If not:                                                            The pleas in law and main arguments are similar to those
                                                                              put forward in Case C-l 86/97 ( 2 ); the relevant time limit
              (i )     Do the implementing institutions have a                expired on 1 January 1995 .
                       discrection in interpreting the words
                       'undertaking to which he is normally
                                                                               (') OJ No L 92 , 9 . 4 . 1994, p. 27 .
                       attached' in Article 14 ( 1 ) ( a ) of Regulation       ( 2 ) See page 16 of this Official Journal .
                        ( EEC ) No 1408/71 , on the basis of the
                       judgments of the Court of Justice in Case
                        C-l 9/67 (Van der Vecht ) and Case C-35/70
                        ( Manpower )?
              ( ii ) If so, what is its extent ?
                                                                               Action brought on 29 May 1997 by the Portuguese
                                                                               Republic against the Commission of the European
2 . ( a ) Is a certificate issued by the competent institution                                                Communities
              of a Member State in accordance with Article 11
                                                                                                          ( Case C-204/97 )
              ( 1 ) ( a ) of Regulation ( EEC ) No 574/72 binding on
              the authorities of another Member State in all                                                 ( 97/C 212/44 )
              circumstances as regards the legal consequences it
              determines ?
                                                                               An action against the Commission of the European
                                                                                Communities was brought before the Court of Justice of
       ( b ) If not:                                                            the European Communities on 29 May 1997 by the
               (i)       In what circumstances is it not ?
                                                                                Portuguese Republic, represented by Luis Fernandes, Dr
                                                                                Angelo Sei^a Neves and Dr. Carlos Botelho Moniz, acting
               ( ii ) Can the evidential value of the certificate be­           as Agents, with an address for service in Luxembourg at
                         rebutted by the authorities of a Member State          the Portuguese Embassy, 33 Allee Scheffer.
                         without involving the institution which issued
                         the certificate ?                                      The applicant claims that the Court should:
               ( iii ) If not, in what must that involvement consist ?          — annul the Decision of the Commission of 6 November
                                                                                       1996 on State aid No 703/95 — France, published in
 (') Decision of the Administrative Commission on Social Security                      the Official Journal of the European Communities
     of Migrant Workers .                                                              No C 70 of 6 March 1997, p. 14;
                                                                                 — order the defendant to pay the costs in their entirety.