CELEX: C1997/271/18
Language: en
Date: 1997-09-06 00:00:00
Title: Reference for a preliminary ruling from the Landesarbeitsgericht Niedersachsen by orders of that court of 8 November 1996 in the cases of Deutsche Post AG v. (1) Elisabeth Sievers and (2) Brunhilde Schrage (Cases C-270/97 and C-271/97)

6 . 9 . 97                EN                     Official Journal of the European Communities                                      C 271 / 11
legislation must necessarily be ensured by the Municipality                 gericht Niedersachsen ( Higher Labour Court of Lower
itself, which must proceed to announce the requisite                        Saxony ) of 8 November 1996, which were received at the
tendering procedures, or whether it may also be ensured                     Court Registry on 24 July 1997, for preliminary rulings in
by the concessionaire, to which the relevant powers are                     the cases of Deutsche Post AG v. Elisabeth Sievers ( Case
transferred; finally, if it should be considered that                       C-270/97) and Deutsche Post AG v. Brunhilde Schrage
compliance with that obligation may also be ensured by                      ( Case C-271/97) on the following questions:
the concessionaire, it is necessary to ascertain whether the
latter has the option of choosing whether to manage the
                                                                            1 . ( a ) Does Community law require precedence of
service itself or whether it must necessarily entrust it to
                                                                                       application or validity ( under the second
third parties.
                                                                                       paragraph of Article 5 and Article 189 of the EC
                                                                                       Treaty ) over national provisions of the Member
( 1 ) Council Directive 92/50/EEC of 18 June 1992, relating to the                     States which could or would be applicable, by way
      coordination of procedures for the award of public service                       of concurrence of claims, to the same factual
      contracts, OJ L 209 , 24 . 7. 1992, p. 1 .
                                                                                       situation and with the same aim of supporting
                                                                                       claims to equal treatment in occupational pension
                                                                                       schemes, as for example in Germany — generally
                                                                                       — the employment law principle of equal
                                                                                       treatment or — specifically — Paragraph 2 ( 1 ) of
                                                                                       the Beschaftigungsforderungsgesetz ( Employment
Reference for a preliminary ruling by the Cour Superieure                              Promotion Law ) 1985 ?
de Justice ( High Court of Justice ) of the Grand Duchy of
Luxembourg by judgment of that court of 26 June 1997                             ( b ) Does the precedence of Community law in such a
in the case of Eric Coursier v. Fortis Bank and Martine                                conflict, where Community law confers benefits
                         Coursier, nee Bellami                                         under occupational pension schemes only if and in
                           ( Case C-267/97 )                                           so far as they are attributable to periods of
                                                                                       employment prior to 17 May 1990, whereas the
                             ( 97/C 271/ 17)                                           national provisions regulate the same factual
                                                                                       situation differently in that they do not exclude
                                                                                       retroactive effect, apply generally ?
Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour                                     ( c ) Does such precedence exist only if the economic
Superieure de Justice of the Grand Duchy of Luxembourg                                 objective of Article 119, which exists alongside the
of 26 June 1997, received at the Court Registry on 22 July                             social objective, namely the creation of equal
1997, for a preliminary ruling in the case of Eric Coursier                            competitive opportunities, is specifically affected ?
v. Fortis Bank and Martine Coursier, nee Bellami, on the
following question:
                                                                            2 . Does at least the principle, to be regarded as part of
                                                                                 Community law, that national law is to be interpreted
Does a judgment delivered in the State of origin in the                          in a Community manner consistent with EC law,
context of a court-supervised liquidation — a matter                             require national provisions on equal treatment with
which is excluded from the scope of the Brussels                                 respect to benefits from occupational pension schemes
Convention — and which is not open to recognition under                          to be interpreted and applied in harmony with the
the national law of the State in which enforcement is                            requirements and limitations ( prohibition of
sought, but which, in the State in which it was given,                           retroactive effect) of Community law ?
confers on one of the parties immunity from execution of
the judgment whose enforcement is sought, affect the
quality of enforceability which, according to the first
paragraph of Article 31 of the Convention, a judgment
must possess in order to be recognized and enforced ?
                                                                            Action brought on 28 July 1997 by the Commission of the
                                                                            European Communities against the Federal Republic of
                                                                                                          Germany
                                                                                                      Case C-272/97 )
Reference for a preliminary ruling from the                                                             97/C 271 / 19
Landesarbeitsgericht Niedersachsen by orders of that court
of 8 November 1996 in the cases of Deutsche Post AG v.
         ( 1 ) Elisabeth Sievers and (2 ) Brunhilde Schrage                 An action against the Federal Republic of Germany was
                   ( Cases C-270/97 and C-271/97 )
                                                                            brought before the Court of Justice of the European
                                                                            Communities on 28 July 1997 by the Commission of the
                               97/C 271 / 18 )                              European Communities, represented by Antonio Caeiro
                                                                            and Jiirgen Grunwald, of its Legal Service, with an
                                                                            address for service in Luxembourg at the office of Carlos
Reference has been made to the Court of Justice of the                      Gomez de la Cruz, also of its Legal Service, Wagner
European Communities by orders of the Landesarbeits­                         Centre, Kirchberg.