CELEX: C2000/047/16
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 25 November 1999 in Case C-212/98: Commission of the European Communities v Ireland (Failure to fulfil obligations — Failure to transpose Directive 93/83/EEC)

C 47/10                 EN                      Official Journal of the European Communities                                          19.2.2000
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                     (Fifth Chamber)
                          (Fifth Chamber)
                                                                                                   of 2 December 1999
                      of 25 November 1999
                                                                           in Case C-234/98 (reference for a preliminary ruling from
                                                                           the Leeds Industrial Tribunal): G.C. Allen and Others v
in Case C-212/98: Commission of the European Communi-                                   Amalgamated Construction Co. Ltd (1)
                          ties v Ireland (1)
                                                                           (Safeguarding of employees’ rights in the event of transfers
                                                                            of undertakings — Transfer within a group of companies)
(Failure to fulfil obligations — Failure to transpose Directive
                             93/83/EEC)
                                                                                                      (2000/C 47/17)
                           (2000/C 47/16)
                                                                                                (Language of the case: English)
                                                                           In Case C-234/98: reference to the Court under Article 177 of
                   (Language of the case: English)
                                                                           the EC Treaty (now Article 234 EC) from the Leeds Industrial
                                                                           Tribunal, United Kingdom, for a preliminary ruling in the
                                                                           proceedings pending before that court between G.C. Allen and
In Case C-212/98: Commission of the European Communities                   Others and Amalgamated Construction Co. Ltd — on the
(Agent: K. Banks) v Ireland (Agent: M.A. Buckley) — appli-                 interpretation of Council Directive 77/187/EEC of 14 February
cation for a declaration that, by failing to adopt within the              1977 on the approximation of the laws of the Member States
prescribed period the laws, regulations and administrative                 relating to the safeguarding of employees’ rights in the event
provisions necessary to comply with Council Directive                      of transfers of undertakings, businesses or parts of businesses
93/83/EEC of 27 September 1993 on the coordination of                      (OJ 1977 L 61, p. 26) — the Court (Fifth Chamber), composed
certain rules concerning copyright and rights related to                   of: D.A.O. Edward, President of the Chamber, J.C. Moitinho
copyright applicable to satellite broadcasting and cable retrans-          de Almeida, C. Gulmann, J.-P. Puissochet (Rapporteur) and
mission (OJ 1993 L 248, p. 15) and/or by failing to inform the             P. Jann, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
Commission thereof, Ireland has failed to fulfil its obligations           L. Hewlett, Administrator, for the Registrar, has given a
under the EC Treaty — the Court (Fifth Chamber), composed                  judgment on 2 December 1999, in which it has ruled:
of: D.A.O. Edward, President of the Chamber, L. Sevón,
P.J.G. Kapteyn (Rapporteur), P. Jann and H. Ragnemalm,
                                                                           1. Council Directive 77/187/EEC of 14 February 1977 on the
Judges; P. Léger, Advocate General; R. Grass, Registrar, has
                                                                                approximation of the laws of the Member States relating to the
given a judgment on 25 November 1999, in which it:
                                                                                safeguarding of employees’ rights in the event of transfers of
                                                                                undertakings, businesses or parts of businesses can apply to a
                                                                                transfer between two companies in the same group which have
1. Declares that, by failing to adopt within the prescribed period the
                                                                                the same ownership, management and premises and which are
    laws, regulations and administrative provisions necessary to
                                                                                engaged in the same works.
    comply with Council Directive 93/83/EEC of 27 September
    1993 on the coordination of certain rules concerning copyright
    and rights related to copyright applicable to satellite broadcasting   2. Directive 77/187 applies to a situation in which a company
    and cable retransmission, Ireland has failed to fulfil its obligations      belonging to a group decides to subcontract to another company
    under that directive;                                                       in the same group contracts for driveage work in mines in so far
                                                                                as the transaction involves the transfer of an economic entity
                                                                                between the two companies. The term ‘economic entity’ refers to
2. Orders Ireland to pay the costs.                                             an organised grouping of persons and assets facilitating the
                                                                                exercise of an economic activity which pursues a specific objective.
(1) OJ C 234 of 25.7.1998.
                                                                           (1) OJ C 278 of 5.9.1998.