CELEX: C1998/094/24
Language: en
Date: 1998-03-28 00:00:00
Title: Reference for a preliminary ruling by the Juzgado de lo Social No 1, Santiago de Compostela by order of that court of 13 January 1998 in the case of Dorinda Teresa López Tourís against Instituto Nacional de Empleo and Instituto Nacional de la Seguridad Social (Case C-25/98)

C 94/12               EN                 Official Journal of the European Communities                                    28.3.98
    States must respect, in the case where the loading and          Reference for a preliminary ruling by the Juzgado de lo
    unloading in port areas of, in particular, goods                Social No 1, Santiago de Compostela by order of that
    imported by sea from one Member State into the                  court of 13 January 1998 in the case of Dorinda Teresa
    territory of another Member State and port work in              López Tourís against Instituto Nacional de Empleo and
    general are reserved exclusively to registered dockers',                 Instituto Nacional de la Seguridad Social
    the conditions and detailed rules for the recognition of
    whom are determined by the King on the advice of the                                   (Case C-25/98)
    Joint Committee having responsibility for the port
    area in question, whereby binding rates are applied,                                    (98/C 94/24)
    even though the work can be carried out by ordinary
    (that is to say, non-registered) dock workers?
2. Are registered dockers, as referred to in Article 1 of
    the Law of 8 June 1972 and having the exclusive right           Reference has been made to the Court of Justice of the
    to carry out dock work within port areas, as defined            European Communities by order of the Juzgado de lo
    in greater detail in the relevant legislative provisions,       Social (Social Court) No 1, Santiago de Compostela of
    to be regarded as entrusted with the operation of               13 January 1998, which was received at the Court
    services of general economic interest within the                Registry on 29 January 1998, for a preliminary ruling in
    meaning of Article 90(2) of the EC Treaty, and would            the case of Dorinda Teresa López Tourís against Instituto
    they no longer be able to carry out their special duties        Nacional de Empleo and Instituto Nacional de la
    if Article 90(1) and the prohibitory provisions of              Seguridad Social on the following questions:
    Articles 7, 85 and 86 of the EC Treaty were to be
    applied to them?
                                                                    1. Must Article 67(1) of Regulation (EEC) No 1408/71
                                                                        (in its present version) be interpreted, as regards the
                                                                        particular facts to which it is to be applied, as
                                                                        meaning that periods of insurance or of employment
Reference for a preliminary ruling from the Hoge Raad,                  completed under the legislation of any other Member
Netherlands, by judgment of that court of 12 November                   State must be taken into account for the purposes of
1997 in the case of Staatssecretaris van FinancieÈn v. J.               obtaining the unemployment allowance for persons
Heerma and the company, J. Heerma and K. Heerma-                        over 52 years of age, provided for by Article 215(3) of
                           Graanstra                                    Real Decreto Legislativo (Royal Legislative Decree) 1/
                        (Case C-23/98)                                  1994 of 20 June 1994, which approves the
                                                                        consolidated version of the Ley General de la
                         (98/C 94/23)                                   Seguridad Social (General Law on Social Security), to
                                                                        the extent to which the right to a retirement pension
                                                                        may be obtained on the basis of such contributions,
                                                                        subject to age requirements, in a Member State other
Reference has been made to the Court of Justice of the                  than that of the competent institution?
European Communities by a judgment of the Hoge Raad
(Supreme Court), Netherlands, of 12 November 1997,
which was received at the Court Registry on 28 January
1998, for a preliminary ruling in the case of
Staatssecretaris van FinancieÈn v. J. Heerma and the
company, J. Heerma and K. Heerma-Graanstra on the                   2. Can that be the case even though the worker has not
following question:                                                     paid contributions in Spain or has paid contributions
                                                                        for less than one year, provided that he is entitled to a
                                                                        retirement pension in any Member State?
Must Article 4(1) of the Sixth Directive be interpreted as
meaning that, where a person pursues as his sole economic
activity the letting of an incorporeal asset to the company
of which he is a member, that letting, albeit an economic
activity, must be regarded as not being made
independently, on the ground that the partner must be               3. Is the requirement that, for migrant workers to receive
deemed to constitute a taxable person together with the                 the unemployment allowance available for persons of
partnership within the meaning of Article 4(1) aforesaid?               more than 52 years of age, it must be shown that,
                                                                        subject to age requirements, they are entitled to a
                                                                        retirement pension payable by the Spanish social
                                                                        security scheme (persons having such an entitlement in
                                                                        any other Member State being precluded from
 ---pagebreak--- 28.3.98               EN                Official Journal of the European Communities                                    C 94/13
    receiving such allowance) contrary to Articles 48(2)           Directeur des Services Fiscaux de la Moselle (Case C-28/
    and 51 of the EC Treaty?                                       98) and Jean Hirtsmann v. Directeur des Services Fiscaux
                                                                   de la Moselle (Case C-29/98) on the following question:
                                                                   Whether, having regard (Case C-28/98) to the date of
                                                                   approval of the plaintiff's Chevrolet vehicle of 33 CV
                                                                   fiscal power rating, registration number 6707 ZK 57, and
Reference for a preliminary ruling by the Bundesvergabe-           (Case C-29/98) to the date of approval of the plaintiff's
amt by order of that body of 27 January 1998 in the case           Jeep vehicle of 23 CV fiscal power rating, registration
of Bietergemeinschaft: 1. Metalmeccanica Fracasso SpA,             number 1438 XX 57, and having regard to the tax
2. Leitschutz Handels- und Montage GmbH against Amt                diagrams and figures submitted by the plaintiff and the
               der Salzburger Landesregierung                      observations submitted by the authorities, the system of
                        (Case C-27/98)                             taxation applied corresponds to objective criteria free
                                                                   from any discriminatory effect and not falling within the
                         (98/C 94/25)                              scope of Article 95 of the Treaty.
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesvergabeamt
(Federal Procurement Office) of 27 January 1998, received
at the Court Registry on 2 February 1998, for a
preliminary ruling in the case of Bietergemeinschaft
                                                                   Reference for a preliminary ruling from the 35th Civil
(contractor grouping): 1. Metalmeccanica Fracasso SpA,
                                                                   Chamber of the Landgericht Berlin by order of that court
2. Leitschutz Handels- und Montage GmbH against Amt
                                                                   of 4 November 1997 in the case of VR-Leasing GmbH
der Salzburger Landesregierung (Government Office of
                                                                                      against Margit Bertram
the Land Salzburg) on the following question:
                                                                                          (Case C-30/98)
Is Article 18 of Directive 93/37/EEC ( ), according to
                                           1                                                (98/C 94/27)
which contracts are to be awarded on the basis of the
criteria laid down in Chapter 3 of Title IV, taking into
account Article 19, after the suitability of the contractors       Reference has been made to the Court of Justice of the
not excluded under Article 24 has been checked by                  European Communities by order of the 35th Civil
contracting authorities in accordance with the criteria of         Chamber of the Landgericht Berlin (Berlin Regional
economic and financial standing and of technical                   Court) of 4 November 1997, received at the Court
knowledge or ability referred to in Articles 26 to 29, to be       Registry on 5 February 1998, for a preliminary ruling in
interpreted as requiring contracting authorities to accept a       the case of VR-Leasing GmbH against Margit Bertram on
tender even if it is the only tender still remaining in the        the following question:
tendering procedure? Is Article 18 sufficiently specific and
precise for it to be relied on by individuals in proceedings
under national law and, as part of Community law, to be            Do Articles 1 and 2 of Council Directive 85/577/EEC of
used to oppose provisions of national law?                         20 December 1985 (1), on protection of the consumer in
                                                                   respect of contracts negotiated away from business
(1) OJ L 199, 9.8.1993, p. 54.                                     premises, cover a husband who, acting as a negotiator on
                                                                   behalf of a leasing company, causes his wife to sign a
                                                                   declaration of suretyship in their private residence?
                                                                   (1) OJ L 372, 31.12.1995, p. 31.
References for a preliminary ruling from the Tribunal de
Grande Instance de Thionville by judgments of that court
of 21 March 1997 in the cases of Marc Charreire v. Direc-
teur des Services Fiscaux de la Moselle and Jean
 Hirtsmann v. Directeur des Services Fiscaux de la Moselle
                                                                   Reference for a preliminary ruling from the Finanzgericht
                (Cases C-28/98 and C-29/98)                        München (Finance Court, Munich) by order of that court
                         (98/C 94/26)                              of 22 January 1998 in the case of Peter Luksch v. Haupt-
                                                                        zollamt Weiden (Principal customs office, Weiden)
                                                                                          (Case C-31/98)
Reference has been made to the Court of Justice of the
European Communities by judgments of the Civil                                              (98/C 94/28)
Chamber of the Tribunal de Grande Instance de Thionville
(Regional Court, Thionville) of 21 March 1997, which
were received at the Court Registry on 3 February 1998,            Reference has been made to the Court of Justice of the
for preliminary rulings in the cases of Marc Charreire v.          European Communities by an order of the Finanzgericht