CELEX: C1995/054/19
Language: en
Date: 1995-03-04 00:00:00
Title: Reference for a preliminary ruling from the Arbeitsgericht Bonn by order of that court of 30 November 1994 in the case of Ayse Süzen v. Zehnacker Gebäudereinigung GmbH Krankenhausservice, joined party: Lefarth GmbH (Case C-13/95)

No C 54/12           ΓΕΝ                    Official Journal of the European Communities                                      4 . 3 . 95
down in Article 15 of the Directive with regard to alcoholic                — Council Directive 92/40/EEC of 19 May 1992 ( l )
beverages of less than 10 degrees strength.                                     introducing Community measures for the control of
                                                                                avian influenza, and
(!) OJ No L 298 , 7. 10. 1989, p. 23 .
                                                                            — Council Directive 92/48/EEC of 16 June 1992 laying
                                                                                down the minimum hygiene rules applicable to
                                                                                fishery products caught on board certain vessels in
                                                                                accordance with Article 3 ( 1 ) (a ) (i ) of Directive
                                                                                91/493/EEC (2),
Reference for a preliminary ruling from the Arbeitsgericht
Bonn by order of that court of 30 November 1994 in the                      and/or failing to communicate them to the Commission,
case of Ayse Siizen v. Zehnacker Gebaudereinigung GmbH                      the Kingdom of Belgium has failed to fulfil its
      Krankenhausservice, joined party: Lefarth GmbH                        obligations under the penultimate articles of the said
                            Case C-13/95 )                                  directives and under the EC Treaty;
                             ( 95/C 54/19 )
                                                                       2. order the Kingdom of Belgium to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by an order of the Arbeitsgericht                 Pleas in law and main arguments
Bonn (Bonn Labour Court) of 30 November 1994, which
was received at the Court Registry on 1 8 January 1 995, for a         The mandatory nature of the provisions of the third
preliminary ruling in the case of Ayse Siizen v. Zehnacker             paragraph of Article 189 and of the first paragraph of
Gebaudereinigung GmbH Krankenhausservice, joined                       Article 5 of the EEC Treaty is such as to oblige Member
party: Lefarth GmbH, on the following questions:                       States to whom directives are addressed to adopt the
                                                                       measures necessary for the implementation of such
1 . On the basis of the judgments of the Court of Justice of           directives within the time-limit prescribed therein. The
     14 April 1994 in Case C-392/92 ( J ) and 19 May 1992 in           time-limit in question expired on 1 January 1993 but the
     CaseC-29/91 (2), is Directive 77/1 87/EEC ( 3 ) applicable        Kingdom of Belgium has not adopted the necessary
                                                                       measures .
     if an undertaking terminates a contract with an outside
     undertaking in order then to transfer it to another
     outside undertaking?                                              (!) OJ No L 167, 22 . 6.1992, p. 1 .
                                                                       (2 ) OJ No L 187, 7. 7. 1992, p. 41 .
2. Is there a legal transfer within the meaning of the
     directive in the case of the operation described in
     Question 1 even if no tangible or intangible business
     assets are retransferred ?
(M OJ No C 132, 5 . 3 . 1977, p. 4.                                    Reference for a preliminary ruling from the Tribunal de
(2 ) OJ No C 153 , 14 . 5 . 1994, p. 4 .                               Grande Instance de Morlaix by judgment of that court of
(3 ) OJ No L 61 , 18 . 6 . 1992, p. 26 .                               14 December 1994 in the case of E.A.R.L. de Kerlast v. 1 .
                                                                       Union Regionale de Cooperatives Agricoles (UNICOPA)
                                                                                       and 2. Cooperative du Trieux
                                                                                               (Case C-15/95 )
                                                                                                  95/C 54/21
Action brought on 17 January 1995 by the Commission of
the European Communities against the Kingdom of
                                Belgium                                Reference has been made to the Court of Justice of the
                                                                       European Communities by a judgment of the Tribunal de
                           (Case C-14/95 )                             Grande Instance (Regional Court), Morlaix, of
                            ( 95/C 54/20 )                             14 December 1994, which was received at the Court
                                                                       Registry on 18 January 1995, for a preliminary ruling in the
An action against the Kingdom of Belgium was brought                   case of E.A.R.L. de Kerlast against 1 . Union Regionale de
before the Court ofJustice of the European Communities on              Cooperatives Agricoles (UNICOPA) and 2. Cooperative du
17 January 1995 by the Commission of the European                      Trieux on the following questions:
Communities, represented by Gerard Rozet, Legal Adviser,
acting as Agent, with an address for service in Luxembourg             1 . On a proper construction of Article 7 of Council
at the office of Georgios Kremlis, of the Legal Service,                    Regulation ( EEC) No 857/84 (*) are producers
Wagner Centre, Kirchberg.                                                   precluded from entering into joint ventures — which are
                                                                            without legal personality of their own, are not effective
The applicant claims that the Court should:                                 against third parties and are unpublicized — in so far as
                                                                            they constitute a disguised form of quota-leasing, or are
1 . declare that, by not adopting the laws, regulations and                 such ventures authorized as a necessary structural
     administrative provisions necessary in order to comply                 adjustment within the meaning of Article 1 of Council
     with                                                                   Regulation (EEC) No 856/84 (2)?