CELEX: C1996/180/04
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 March 1996 in Case C-192/94 (reference for a preliminary ruling from the Juzgado de Primera Instancia No 10 de Sevilla): El Corte Inglés SA v. Cristina Blázquez Rivero (Direct effect of unimplemented Directive - Council Directive 87/102/EEC concerning consumer credit)

No C 180/2            EN                  Official Journal of the European Communities                                      22 . 6 . 96
 meaning that it authorizes the Member States to derogate             2 . Article 3 (1 ) of Directive 77/1 87/EEC does not preclude
 from the general prohibition on hunting protected species                 an employee employed by the transferor at the date of
 laid down by Articles 5 and 7 of the Directive only by                    the transfer of an undertaking from objecting to the
 measures which refer in sufficient detail to the factors                  transfer to the transferee of the contract of employment
 mentioned in Article 9 ( 1 ) and (2).                                     or the emplyoment relationship. In such a case, it is for
                                                                           the Member States to determine what the fate of the
                                                                           contract of employment or employment relationship
 (') OJ No C 174 , 25 . 6 . 1994 .
                                                                           with the transferor should be. However, where the
                                                                           contract ofemployment or the employment relationship
                                                                           is terminated on account of a change in the level of
                                                                           remuneration awarded to the employee, Article 4 (2) of
                                                                           the Directive requires the Member States to provide that
                                                                           the employer is to be regarded as having been
                                                                           responsible for the termination.
                JUDGMENT OF THE COURT
                        ( Sixth Chamber )                             (•) OJ No C 233 , 20 . 8 . 1994 .
                        of 7 March 1996
in Joined Cases C-171/94 and C-172/94 ( references for a
preliminary ruling from the Cour du Travail, Brussels ):
Albert Merckx and Patrick Neuhuys v. Ford Motor
                    Company Belgium SA (')
 (Safeguarding of employees ' rights in the event of transfers
 of undertakings, businesses or parts of businesses —                                JUDGMENT OF THE COURT
      Concept of a transfer — Transfer of a dealership)                                       ( Sixth Chamber)
                           ( 96/C 180/03 )                                                   of 7 March 1996
                                                                      in Case C-192/94 ( reference for a preliminary ruling from
                 (Language of the case: French)                       the Juzgado de Primera Instancia N° 10 de Sevilla ): El Corte
                                                                                 Inglés SA v. Cristina Blázquez Rivero ( ] )
                                                                      (Direct effect of unimplemented Directive — Council
 (Provisional translation; the definitive translation will be             Directive 87/102/EEC concerning consumer credit)
           published in the European Court Reports)
                                                                                                ( 96/C 180/04 )
In Joined Cases C-171 /94 and C-172/94 : references to the
Court under Article 177 of the EC Treaty from the Cour du                             (Language of the case: Spanish)
Travail ( Higher Labour Court ), Brussels, for a preliminary
ruling in the proceedings pending before that court between           (Provisional translation; the definitive translation will be
Albert Merckx ( C-171 /94 ), Patrick Neuhuys ( C-172/94 )                      published in the European Court Reports)
and Ford Motor Company Belgium SA — on the
interpretation of Council Directive 77/ 1 87/EEC of
 14 February 1977 on the approximation of the laws of the            In Case C- 1 92/94 : reference to the Court under Article 177
Member States relating to the safeguarding of employees'             of the EC Treaty from the Juzgado de Primera Instancia
rights in the event of transfers of undertakings, businesses or      N° 10 ( Court of First Instance No 10 ), Seville ( Spain ), for a
parts of businesses ( OJ No L 61 , 1977, p . 26 ) — the Court        preliminary ruling in the proceedings pending before that
( Sixth Chamber ), composed of C. N. Kakouris, President of          court between El Corte Inglés SA and Cristina Blâzquez
the Chamber, G. F. Mancini ( Rapporteur ), F. A.                     Rivero — on the interpretation of Article 129a of the EC
Schockweiler, P. J. G. Kapteyn and H. Ragnemalm, Judges;             Treaty and Article 11 of Council Directive 87/ 102/EEC of
C. O. Lenz, Advocate-General; D. Louterman-Hubeau ,                  22 December 1986 for the approximation of the laws,
Principal Administrator, for the Registrar, has given a              regulations and administrative provisions of the Member
judgment on 7 March 1996 , in which it rules :                       States concerning consumer credit ( OJ No L 42 , 1987, p . 48 )
                                                                     — the Court ( Sixth Chamber ), composed of C. N. Kakouris,
                                                                     President of the Chamber, G. Hirsch ( Rapporteur ), P. J. G.
1 . Article 1 ( 1 ) of Council Directive 77/187/EEC of               Kapteyn, J. L. Murray and H. Ragnemalm, Judges; C. O.
      7 4 February 1977 on the approximation of the laws of          Lenz, Advocate-General; R. Grass, Registrar, has given a
     the Member States relating to the safeguarding of               judgment on 7 March 1996 , in which it rules :
     employees ' rights in the event of transfers of
     undertakings, businesses or parts of businesses must be
     interpreted as applying where an undertaking holding a          In the absence of measures implementing Council Directive
     motor vehicle dealership for a particular territory             87/102/EEC of 22 December 1986 for the approximation
     discontinues its activities and the dealership is then          of the laws, regulations and administrative provisions of the
     transferred to another undertaking which takes on part          Member States concerning consumer credit within the
     of the staff and is recommended to customers, without           prescribed period, a consumer may not, even in view of
     any transfer of assets.                                         Article 129a of the EC Treaty, base a right of action on the
 ---pagebreak--- 22 . 6 . 96           EN                   Official Journal of the European Communities                                  No C 180/3
Directive itself against a lender who is a private person, on               which, for the protection of the interests of members
account of inadequacies in the supply ofgoods or provision                  and others, are required by Member States of companies
ofservices by the supplier or provider with whom the lender                 within the meaning of the second paragraph of
concluded an exclusive agreement with regard to the grant                   Article 58 of the Treaty, in respect of the formation of
of credit and assert that right before a national court.                    public limited liability companies and the maintenance
                                                                            and alteration of their capital, with a view to making
                                                                            such safeguards equivalent precludes national
(>) OJ No C 275 , 1 . 10 . 1994 .                                           legislation under which the capital ofa bank constituted
                                                                            in the form of a public limited liability company which,
                                                                            as a result of its debt burden, is in exceptional
                                                                            circumstances may be increased by an administrative
                                                                            measure, without a resolution of the general meeting.
                                                                      2 . Publication of an offer of subscription in daily
                                                                            newspapers does not constitute information given in
               JUDGMENT OF THE COURT                                        writing to the holders of registered shares within the
                      of 12 March 1996                                      meaning of third sentence of Article 29 (3) of Directive
                                                                            77/9 1 /EEC.
in Case C-441 /93 ( reference for a preliminary ruling from
the Polymeles Protodikeio Athinon ): Panagis Pafitis and
    Others v. Trapeza Kentrikis Ellados AE and Others ( l )           ( ] ) OJ No C 1 , 4 . 1 . 1994 .
(Company law — Directive 77/91/EEC — Alteration of
capital ofa bank constituted in the form ofa public limited
liability company — Direct effect of Articles 25 (1) and
          29 (3) of the Directive — Abuse of rights)
                          ( 96/C 180/05 )
                 (Language of the case: Greek)                                        JUDGMENT OF THE COURT
                                                                                                 ( Fifth Chamber)
                                                                                                of 14 March 1996
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                    in Case C-275/94 ( reference for a preliminary ruling
                                                                      from the Hof van Cassatie van Belgïe ): Roger Van der
                                                                      Linden v. Berufsgenossenschaft der Feinmechanik und
In Case C-441 /93 : reference to the Court under Article 177                                     Elektrotechnik (1 )
of the EC Treaty from the Polymeles Protodikeio Athinon                (Brussels Convention — Interpretation of Article 47 (1) —
( Court of First Instance, Athens ) for a preliminary ruling in       Documents to be produced by a party applying for
the proceedings pending before that court between Panagis             enforcement — Obligation to produce proof of service of
Pafitis and Others, supported by Investment and Shipping              the judgment delivered — Possibility ofproducing proof of
Enterprises Est and Others, and Trapeza Kentrikis Ellados                       service after the application has been made)
AE and Others , supported by Trapeza tis Ellados AE and                                            ( 96/C 180/06 )
Others — on the interpretation of Article 25 et seq. and
Article 29 of the Second Council Directive, Directive
77/91 /EEC of 13 December 1976 on coordination of
                                                                                        (Language of the case: Dutch)
safeguards which, for the protection of the interests of
members and others, are required by Member States of
companies within the meaning of the second paragraph of               (Provisional translation; the definitive translation will be
Article 5 8 of the Treaty, in respect of the formation of public                 published in the European Court Reports)
limited liability companies and the maintenance and
alteration of their capital , with a view to making such
safeguards equivalent ( OJ No L 26 , 1 977, p . 1 ) — the Court,      In Case C-275/94 : reference to the Court under the Protocol
composed of C. N. Kakouris, President of Chamber, acting              of 3 June 1971 on the interpretation by the Court of Justice
for the President, D. A. O. Edward and G. Hirsch                      of the Convention of 27 September 1968 on Jurisdiction
( Presidents of Chambers ), G. F. Mancini, F. A.                      and the Enforcement of Judgments in Civil and Commercial
Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn             Matters, by the Hof van Cassatie van Belgïe ( Belgian Court
( Rapporteur ), C. Gulmann, J. L. Murray, H. Ragnemalm                of Cassation ) for a preliminary ruling in the proceedings
and L. Sevón, Judges; G. Tesauro, Advocate-General; H.                pending before that court between Roger Van der Linden
von Holstein, Deputy Registrar, for the Registrar, has given          and Berufsgenossenschaft der Feinmechanik und
a judgment on 12 March 1 996 , in which it rules:                     Elektrotechnik on the interpretation of Article 47 ( 1 ) of the
                                                                      Convention of 27 September 1968 on Jurisdiction and the
                                                                      Enforcement of Judgments in Civil and Commercial
 1 . Article 25 of the Second Council Directive (77/91 /EEC)          Matters ( OJ No L 304, 1978 , p . 17 ), as amended by the
      of 13 December 1976 on coordination of safeguards               Convention of 9 October 1978 on the Accession of the