CELEX: C2000/335/06
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 14 September 2000 in Case C-343/98 (reference for a preliminary ruling from the Pretore di Pinerolo): Renato Collino, Luisella Chiappero v Telecom Italia SpA (Directive 77/187/EEC — Safeguarding employees' rights in the event of transfers of undertakings — Transfer of an entity managed by a public body forming part of the State administration to a private company whose capital is publicly owned — Definition of an employee — Taking into account of employees' total length of service by the transferee)

25.11.2000                EN                     Official Journal of the European Communities                                                C 335/3
                   JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                            (Fifth Chamber)                                                            (Sixth Chamber)
                                                                                                    of 14 September 2000
                        of 14 September 2000
                                                                            in Case C-343/98 (reference for a preliminary ruling
in Case C-238/98 (reference for a preliminary ruling from                   from the Pretore di Pinerolo): Renato Collino, Luisella
the Tribunal Administratif de Châlons-en-Champagne):                                        Chiappero v Telecom Italia SpA (1)
Hugo Fernando Hocsman v Ministre de l’Emploi et de la
                              Solidarité (1)                                (Directive 77/187/EEC — Safeguarding employees’ rights
                                                                            in the event of transfers of undertakings — Transfer of an
(Article 52 of the EC Treaty (now, after amendment, Article                 entity managed by a public body forming part of the State
43 EC) — Council Directive 93/16/EEC — Community                            administration to a private company whose capital is publicly
national holding an Argentine diploma recognised by the                     owned — Definition of an employee — Taking into account
authorities of a Member State as equivalent in that State to                    of employees’ total length of service by the transferee)
a university degree in medicine and surgery — Obligations
of another Member State with respect to an application to                                               (2000/C 335/06)
                  practise medicine on its territory)
                                                                                                  (Language of the case: Italian)
                            (2000/C 335/05)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                      (Language of the case: French)
                                                                            In Case C-343/98: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) from the Pretore di
(Provisional translation; the definitive translation will be published      Pinerolo, Italy, for a preliminary ruling in the proceedings
                     in the European Court Reports)                         pending before that judge between Renato Collino, Luisella
                                                                            Chiappero and Telecom Italia SpA — on the interpretation of
In Case C-238/98: reference to the Court under Article 177 of               Council Directive 77/187/EEC of 14 February 1977 on the
the EC Treaty (now Article 234 EC) from the Tribunal                        approximation of the laws of the Member States relating to
Administratif de Châlons-en-Champagne, France, for a prelimi-               the safeguarding of employees’ rights in the event of transfers
nary ruling in the proceedings pending before that court                    of undertakings, businesses or parts of businesses (OJ 1977
between Hugo Fernando Hocsman and Ministre de l’Emploi et                   L 61, p. 26) — the Court (Sixth Chamber), composed of:
de la Solidarité on the interpretation of Article 52 of the EC              J.C. Moitinho de Almeida, President of the Chamber,
Treaty (now, after amendment, Article 43 EC) — the Court                    C. Gulmann and J.-P. Puissochet (Rapporteur), Judges; S. Alber,
(Fifth Chamber), composed of: D.A.O. Edward (Rapporteur),                   Advocate General; H.A. Rühl, Principal Administrator, for the
President of the Chamber, J.C. Moitinho de Almeida,                         Registrar, has given a judgment on 14 September 2000, in
C. Gulmann, J.-P. Puissochet and P. Jann, Judges; F.G. Jacobs,              which it has ruled:
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 14 September 2000, in                    1.    Article 1(1) of Council Directive 77/187/EEC of 14 February
which it has ruled:                                                               1977 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 businesses must
Article 52 of the EC Treaty (now, after amendment, Article 43 EC)                 be interpreted as meaning that that directive may apply to a
is to be interpreted as meaning that where, in a situation not                    situation in which an entity operating telecommunications
regulated by a directive on mutual recognition of diplomas, a                     services for public use and managed by a public body within the
Community national applies for authorisation to practise a profession             State administration is, following decisions of the public
access to which depends, under national law, on the possession of a               authorities, the subject of a transfer for value, in the form of an
diploma or professional qualification, or on periods of practical                 administrative concession, to a private-law company established
experience, the competent authorities of the Member State concerned               by another public body which holds its entire capital. The
must take into consideration all the diplomas, certificates and other             persons concerned by such a transfer must, however, originally
evidence of formal qualifications of the person concerned and his                 have been protected as employees under national employment
relevant experience, by comparing the specialised knowledge and                   law.
abilities certified by those diplomas and that experience with the
knowledge and qualifications required by the national rules.                2.    The first paragraph of Article 3(1) of Directive 77/187 must
                                                                                  be interpreted as meaning that, in calculating the rights of a
                                                                                  financial nature attached, in the transferee’s business, to
(1) OJ C 258 of 15.8.1998.                                                        employees’ length of service, such as a termination payment or
                                                                                  salary increases, the transferee must take into account the entire
                                                                                  length of service, in both his employment and that of the
                                                                                  transferor, of the employees transferred, in so far as his
 ---pagebreak--- C 335/4                  EN                      Official Journal of the European Communities                                            25.11.2000
      obligation to do so derives from the employment relationship                accident and whose liability is covered by compulsory motor-
      between those employees and the transferor, and in accordance               vehicle insurance, where those passengers are carried free of
      with the terms agreed in that relationship. Directive 77/187                charge, whether or not there is any fault on the part of the
      does not, however, preclude the transferee from altering the                driver of the vehicle which caused the accident, only if the
      terms of the employment relationship where national law allows              domestic law of the Member State concerned requires such cover
      such an alteration in situations other than the transfer of an              in respect of personal injuries caused in the same conditions to
      undertaking.                                                                other third-party passengers.
(1) OJ C 358 of 21.11.1998.                                                 2.    Articles 1(2) and 5(3) of Directive 84/5, as amended by
                                                                                  Annex I, Part IX F, entitled ‘Insurance’, of the Act concerning
                                                                                  the conditions of accession of the Kingdom of Spain and the
                                                                                  Portuguese Republic and the adjustments to the Treaties,
                                                                                  preclude domestic laws laying down maximum amounts of
                                                                                  compensation that are lower than the minimum amounts of
                 JUDGMENT OF THE COURT
                                                                                  cover laid down by those provisions where, in the absence of
                           (Fifth Chamber)                                        fault on the part of the driver of the vehicle which caused the
                                                                                  accident, only civil liability for materialisation of risk arises.
                      of 14 September 2000
in Case C-348/98 (reference for a preliminary ruling from                   (1) OJ C 358 of 21.11.1998.
the Tribunal da Comarca de Setúbal): Vitor Manuel
Mendes Ferreira and Maria Clara Delgado Correia Ferreira
    v Companhia de Seguros Mundial Confiança SA (1)
(Compulsory insurance against civil liability in respect of
motor vehicles — Directives 84/5/EEC and 90/232/EEC —
Minimum amounts of cover — Type of civil liability —
Injury caused to a member of the family of the insured                                        JUDGMENT OF THE COURT
                           person or driver)
                                                                                                      (Fourth Chamber)
                           (2000/C 335/07)
                                                                                                  of 14 September 2000
                  (Language of the case: Portuguese)
                                                                            in Case C-369/98 (reference for a preliminary ruling from
(Provisional translation; the definitive translation will be published      the High Court of Justice of England and Wales, Queen’s
                    in the European Court Reports)                          Bench Division (Divisional Court)): The Queen v Minister
In Case C-348/98: reference to the Court under Article 177 of               of Agriculture, Fisheries and Food, ex parte Trevor Robert
the EC Treaty (now Article 234 EC) from the Tribunal da                        Fisher and Penny Fisher, trading as ‘TR & P Fisher’ (1)
Comarca de Setúbal, Portugal, for a preliminary ruling in the
proceedings pending before that court between Vitor Manuel                  (Aid schemes — Computerised database — Disclosure of
Mendes Ferreira and Maria Clara Delgado Correia Ferreira and                                              information)
Companhia de Seguros Mundial Confiança SA — on the
interpretation of the Second Council Directive (84/5/EEC) of                                           (2000/C 335/08)
30 December 1983 on the approximation of the laws of the
Member States relating to insurance against civil liability in
respect of the use of motor vehicles (OJ 1984 L 8, p. 17) and                                   (Language of the case: English)
the Third Council Directive (90/232/EEC) of 14 May 1990 on
the approximation of the laws of the Member States relating
to insurance against civil liability in respect of the use of motor         In Case C-369/98: reference to the Court under Article 177 of
vehicles (OJ 1990 L 129, p. 33) — the Court (Fifth Chamber),                the EC Treaty (now Article 234 EC) from the High Court of
composed of: D.A.O. Edward, President of the Chamber,                       Justice of England and Wales, Queen’s Bench Division (Div-
L. Sevón (Rapporteur), P.J.G. Kapteyn, P. Jann and H. Ragnem-              isional Court), for a preliminary ruling in the proceedings
alm, Judges; G. Cosmas, Advocate General; R. Grass, Registrar,              pending before that court between The Queen and Minister of
has given a judgment on 14 September 2000, in which it has                  Agriculture, Fisheries and Food, ex parte Trevor Robert Fisher
ruled:                                                                      and Penny Fisher, trading as ‘TR & P Fisher’ — on the
                                                                            interpretation of Articles 3(1) and 9 of Council Regulation
1.    Article 3 of the Second Council Directive (84/5/EEC) of               (EEC) No 3508/92 of 27 November 1992 establishing an
      30 December 1983, on the approximation of the laws of the             integrated administration and control system for certain
      Member States relating to insurance against civil liability in        Community aid schemes (OJ 1992 L 355, p. 1) and of
      respect of the use of motor vehicles, requires compulsory             Article 9 of Commission Regulation (EEC) No 3887/92 of
      insurance against civil liability in respect of the use of motor      23 December 1992 laying down detailed rules for applying
      vehicles to cover personal injuries to passengers who are             the integrated administration and control system for certain
      members of the family of the insured person, of the driver of the     Community aid schemes (OJ 1992 L 391, p. 36) — the Court
      vehicle or of any other person who incurs civil liability for an      (Fourth Chamber), composed of: D.A.O. Edward, President of