CELEX: C1996/180/44
Language: en
Date: 1996-06-22 00:00:00
Title: Reference for a preliminary ruling by the Conseil d'Etat du Royaume de Belgique by judgment of that court of 29 March 1996 in the case of Inter-Environnement Wallonie ASBL against Région Wallonne (Case C-129/96)

22 . 6 . 96           | EN                  Official Journal of the European Communities                                  No C 180/21
      (v )  matters of which the defenders were aware but              Reference for a preliminary ruling by the Conseil d'Etat du
            which they did not have opportunity to raise               Royaume de Belgique by judgment of that court of
            before the issuing court ?                                 29 March 1996 in the case of Inter-Environnement
                                                                                  Wallonie ASBL against Région Wallonne
Powers ancillary to the exercise of Article 38 (1 ) power to                                     ( Case C- 1 29/96 )
sist or stay                                                                                        ( 96/C 180/44 )
7. Whether the Article 37 ( 1 ) appellate court has power to
      make an order for a stay or sist of the enforcement              Reference has been made to the Court of Justice of the
                                                                       European Communities by judgment of the Conseil d'Etat
      proceedings conditional upon the judgment debtor                 Section d'Administration ( Council of "State, Administrative
      providing security or guarantee sufficient to protect the        Section ) of 29 March 1996 , which was received at the Court
      interests of the judgment creditor in the event that the
                                                                       Registry on 23 April 1996, for a preliminary ruling in the
      judgment debtor is unsuccessful in its appeal against the
      judgment in the issuing State .
                                                                       case of Inter-Environnement Wallonie ASBL against Région
                                                                       Wallone on the following questions :
0 ) Article 38 ( 1 ) of the Convention of 27 September 1968 on
     Jurisdiction and the Enforcement of Judgments in Civil and        1 . Do Articles 5 and 189 of the EC Treaty preclude
     Commercial Matters ( OJ No L 299 , 1972 , p . 32 ) as amended by        Member States from adopting a provision contrary to
     the Convention of 9 October 1978 on the Accession of the                Directive 75/442/EEC of 15 July 1975 on waste (*), as
     Kingdom of Denmark, Ireland and the United Kingdom of                   amended by Directive 91 /156/EEC of 18 March
     Great Britain and Northern Ireland ( OJ No L 304, 1978 , p . 1          1991 ( 2 ), before the period for transposing the latter has
     and — as amended — p . 77 ).                                            expired ?
                                                                             Do those same Treaty Articles preclude Member States
                                                                             from adopting and bringing into force legislation which
                                                                             purports to transpose the abovementioned Directive but
                                                                             whose provisions appear to be contrary to the
Reference for a preliminary ruling by Sala de lo Social,                     requirements of that Directive ?
Tribunal Superior de Justicia, Murcia, by order of that court
of 22 February 1996 in the case of Francisco Hernández                 2 . Is a substance referred to in Annex I to Council Directive
Vidal, SA and Prudencia Gómez Pérez, María Gómez Pérez,                      91 /156/EEC of 18 March 1991 amending Directive
                  and Contratas y Limpiezas, SL                              75/442/EEC on waste and which directly or indirectly
                           Case C-127/96 )                                   forms an integral part of an industrial production
                           ( 96/C 180/43 )
                                                                             process to be considered 'waste' within the meaning of
                                                                             Article 1 ( a ) of that Directive ?
Reference has been made to the Court of Justice of the
                                                                       (') OJ No L 194 , 1975 , p . 39 .
European Communities by an order of the Sala de lo Social              ( 2 ) OJ No L 78 , 1991 , p . 32 .
( Chamber for Social Matters ), Tribunal Superior de Justicia
( High Court of Justice ), Murcia, of 22 February 19 96 ,
which was received at the Court Registry on 22 April 1996 ,
for a preliminary ruling in the case of Francisco Hernandez
Vidal, SA and Prudencia Gomez Pérez, Maria Gômez Pérez,
and Contratas y Limpiezas, SL on the following
questions :
                                                                       Reference for a preliminary ruling by order of the Supremo
( a ) whether the work of cleaning the premises of an                  Tribunal Administrative ( Second Division — Taxation
       undertaking whose main business is not cleaning, being          matters ) of 28 February 1996 in the proceedings pending
       in this case the production of chewing gum and sweets,          before that court between Fazenda Publica and Solisnor —
       but having a permanent need for that secondary                                          Estaleiros Naveis SA
       activity, is a 'part of a business'.
                                                                                                  ( Case C- 1 3 0/96 )
( b ) and whether the term ' legal transfer' may cover the                                            96/C 180/45 )
       termination of a mercantile contract for the provision
       of cleaning services, after three years, with annual
                                                                       Reference has been made to the Court of Justice of the
       renewals, at the end of the third year, by decision of the
       undertaking hiring the services; and whether, if that is        European Communities by an order of the Supremo
                                                                       Tribunal Administrative ( Supreme Administrative Court)
       the case, it may depend on whether the undertaking
       hiring the services carries out the cleaning using its own
                                                                       ( Second Division — Taxation matters ) of 28 February 1996 ,
       workers or using workers under a new contractual                which was received at the Court Registry on 24 April 1996 ,
                                                                       for a preliminary ruling in the proceedings pending before
       arrangement .
                                                                       that court between Fazenda Publica ( National Revenue
                                                                       Authority ) and Solisnor — Estaleiros Naveis SA, on the
                                                                       following question :