CELEX: C1996/158/22
Language: en
Date: 1996-06-01 00:00:00
Title: Appeal brought on 15 April 1996 by Susan Ryan-Sheridan against the judgment delivered on 15 February 1996 by the Third Chamber of the Court of First Instance of the European Communities in Case T-589/93 between Susan Ryan-Sheridan and European Foundation for the Improvement of Living and Working Conditions (Case C-119/96 P)

No C 158/ 10            EN                    Official Journal of the European Communities                                       1 . 6 . 96
Appeal brought on 15 April 1996 by Susan Ryan-Sheridan                   gericht ( Higher Labour Court) Hamburg — Third Chamber
against the judgment delivered on 15 February 1996 by the                — of 29 March 1996 , which was received at the Court
Third Chamber of the Court of First Instance of the                      Registry on 15 April 1996 , for a preliminary ruling in the
European Communities in Case T-589/93 between Susan                      dispute between Mrs Sultan Bulut and Deutsche Bundespost
Ryan-Sheridan and European Foundation for the                            on the following questions :
        Improvement of Living and Working Conditions
                          Case C-1 19/96 P                               1 . Is Article 1 ( 1 ) of Directive 77/ 178/EEC ( ') to be
                                                                             interpreted as meaning that there is also a transfer of
                             ( 96/C 158/22 )
                                                                             part of a business to another employer within the
                                                                             meaning of that provision in the case where an
An appeal against the judgment delivered on 15 February                      undertaking gradually transfers the cleaning of its
1 996 by the Third Chamber of the Court of First Instance of                 business premises, hitherto carried out by its own
the European Communities in Case T-589/93 between                            employees , which was so organized that each of those
Susan Ryan-Sheridan and European Foundation for the                          employees was allocated a specific area of its business
Improvement of Living and Working Conditions was                             premises to clean, in such a way that each time a cleaner
brought before the Court of Justice of the European                          retires or is for other reasons no longer able , either
Communities on 15 April 1996 by Susan Ryan-Sheridan,                         temporarily or permanently, to perform her cleaning
represented by Marc-Albert Lucas, of the Liège Bar, with an                  work, her cleaning area is handed over to an outside
address for service in Luxembourg at the Chambers of                         undertaking for the purposes of cleaning ?
Evelyne Korn , Rue de Nassau .
                                                                             Does the reply to that question depend on whether the
The appellant claims that the Court should :                                 gradual transfer to an outside undertaking of entire
— annul the judgment being appealed against ('),                             business premises or at least of a portion of business
                                                                             premises consisting of several cleaning areas is
— itself give judgment in the dispute and annul the                          uniformly made to one and the same undertaking ?
      decisions contested by way of the action which she
      brought before the Court of First Instance, on the basis           2 . If the answer to Question 1 is in the affirmative : is the
      of the pleas and evidence which she submitted to                       first sentence of Article 4 ( 1 ) of Directive 77/87/EEC to
      it ( 2 ),                                                              be interpreted as meaning that notice of termination
                                                                             with an offer of new contractual terms for the purpose
— order the defendant to pay to her Bfr 500 000 by way of                    of reducing the working time of a cleaner is not
      damages,                                                               permissible under that provision if it has been served on
                                                                             the ground that employment to the previous extent is no
— order the defendant to pay the costs of both proceedings,                  longer possible because of an organizational decision,
      including the costs of the procedure for interim relief.               and if the cleaner could, had it not been for the decision
                                                                             to award the work to an outside firm within the meaning
Pleas in law and main arguments                                              of the first question, continue to be employed for the
                                                                             number of hours worked previously by having work
— misuse of powers or at least lack of procedural                            allocated to her to the full extent or additionally which
      impartiality of the Recruitment Committee ,                            in itself, because of the decision to transfer all cleaning
      abuse of process;                                                      areas that fall free, is no longer to be carried out by the
                                                                             undertaking's own employees ?
— invalidity of the internal notice,
      breach of the principle of equal treatment;
                                                                         (') OJ No L 61 , 1977, p . 26 .
— manifest error of assessment,
      breach of the duty to have regard for the welfare of
      officials .
(') OJ No C 95 , 30 . 3 . 1996 , p . 14 .
( 2 ) OJ No C 43 , 12 . 2 . 1994 , p . 18 .
                                                                         Action brought on 17 April 1996 by the Commission of the
                                                                            European Communities against the Kingdom of Spain
                                                                                                ( Case C-124/96 )
                                                                                                  ( 96/C 158/24 )
Reference for a preliminary ruling by the Landesarbeits­
gericht Hamburg by order of that court of 29 March 1996 in
the dispute between Mrs Sultan Bulut and Deutsche                        An action against the Kingdom of Spain was brought before
                               Bundespost                                the Court of Justice of the European Communities on
                                                                         17 April 1 996 by the Commission of the European
                           ( Case C-121 /96 )
                                                                         Communities , represented by Enrico Traversa and
                             ( 96/C 158/23 )                             Francisco Enrique Gonzalez Diaz, of its Legal Service, acting
                                                                         as Agents, with an address for service in Luxembourg at the
Reference has been made to the Court of Justice of the                   office of Carlos Gômez de la Cruz, Wagner Centre,
European Communities by order of the Landesarbeits­                      Kirchberg.