CELEX: C2002/084/90
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-32/02: Action brought on 5 February 2002 by the Commission of the European Communities against the Italian Republic

6.4.2002               EN                     Official Journal of the European Communities                                          C 84/51
Reference for a preliminary ruling by the Unabhängiger                   —     Order the Italian Republic to pay the costs.
Verwaltungssenat Salzburg by order of 16 January 2002
in the appeals concerning Dr Roman Moser, the Bürger-
meister der Landeshauptstadt Salzburg, and the land
            transfer agent of the Land of Salzburg                       Pleas in law and main arguments
                         (Case C-15/02)
                                                                         The Commission claims that Directive 98/59 applies to
                                                                         collective redundancies carried out by any ‘employer’, that is
                         (2002/C 84/89)                                  by any natural or legal person who has created an employment
                                                                         relationship, regardless of whether he is engaged in profit-
                                                                         making activities. It follows, therefore, that the implementing
                                                                         Italian regulations, and in particular Law No 223/91, which
Reference has been made to the Court of Justice of the                   restricts the application of the guarantees to employees of
European Communities by order of the Unabhängiger Verwal-                ‘undertakings’ alone, wrongfully exclude all employers engaged
tungssenat Salzburg (Independent Administrative Chamber,                 in non-profit-making activities.
Salzburg) of 16 January 2002, received at the Court Registry
on 22 January 2002, for a preliminary ruling in the appeals
concerning Dr Roman Moser, the Bürgermeister der Lande-
shauptstadt Salzburg, and the land transfer agent of the Land
of Salzburg on the following question:
Are the provisions of Article 56 et seq. of the EC Treaty to be          Action brought on 6 February 2002 by the Commission
interpreted as precluding the application of Paragraphs 12, 36           of the European Communities against the Republic of
and 43 of the Salzburger Grundverkehrsgesetz (Salzburg Land                                             Austria
Transfer Law) of 1997 in the version published in LGBl.
No. 11/1999, whereby any person who wishes to acquire a
building plot in the federal Land of Salzburg must comply                                           (Case C-33/02)
with a notification or authorisation procedure in respect of the
acquisition of that plot, with the consequence that one of the                                      (2002/C 84/91)
fundamental freedoms of the acquirer of title as guaranteed by
the laws of the European Union has been infringed in this
case?
                                                                         An action against the Republic of Austria was brought
                                                                         before the Court of Justice of the European Communities
                                                                         on 6 February 2002 by the Commission of the European
                                                                         Communities, represented by Josef Christian Schieferer, of its
                                                                         Legal Service, with an address for service in Luxembourg at
                                                                         the office of Luis Escobar Guerrero, of its Legal Service, at
Action brought on 5 February 2002 by the Commission                      Centre Wagner C 254, Kirchberg.
of the European Communities against the Italian Republic
                                                                         The applicant claims that the Court should:
                         (Case C-32/02)
                                                                         —     declare that the Republic of Austria has failed to fulfil its
                         (2002/C 84/90)                                        obligations under Article 3(3) and (4), Article 7(1) and
                                                                               (2), Article 11(3), and Article 13(1) in conjunction
                                                                               with Article 2(3) of Council Directive 94/67/EC of
                                                                               16 December 1994 on the incineration of hazardous
An action against the Italian Republic was brought before the                  waste, by
Court of Justice of the European Communities on 5 February
2002 by the Commission of the European Communities,                            1.    incorrectly transposing, in Paragraph 3 no. 3.2 and
represented by A. Aresu acting as Agent.                                             no. 3.3 of the Verordnung des Bundesministers für
                                                                                     wirtschaftliche Angelegenheiten über die Verbren-
                                                                                     nung gefährlicher Abfälle in gewerblichen Betrieb-
The applicant claims that the Court should:                                          sanlagen (Regulation of the Federal Minister for
                                                                                     Economic Affairs on the incineration of hazardous
—     Declare that, by not adopting provisions in respect of                         waste in commercial plants) (the ‘BMwA Regu-
      employers engaged in non-profit-making activities, the                         lation’), the rule in Article 3(3) of the directive that
      Italian Republic has failed to fulfil its obligations under                    the heat release from coincineration may not exceed
      Council Directive 98/59/EC of 20 July 1998 on the                              40 % of the total heat, in respect of ‘the total
      approximation of the laws of the Member States relating                        heat released in the plant at each moment of its
      to collective redundancies (OJ 1998 L 225, p. 16);                             operation’;