CELEX: C2004/007/22
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 6 November 2003 in Case C-413/01 (Reference for a preliminary ruling from the Verwaltungsgerichtshof): Franca Ninni-Orasche v Bundesminister für Wissenschaft, Verkehr und Kunst (Freedom of movement for workers — Article 48 of the EC Treaty (now, after amendment, Article 39 EC) — Concept of "worker" — Contract of employment of a short term fixed in advance — Retention of the status of "worker" after end of employment contract — Conditions for the grant of social advantages within the meaning of Article 7(2) of Regulation (EEC) No 1612/68 — Study finance)

C 7/14                    EN                           Official Journal of the European Union                                             10.1.2004
                   JUDGMENT OF THE COURT                                             —     attempted to find a new job in the period between the end
                                                                                           of the short, fixed-term employment relationship and the
                                                                                           time when he took up his studies,
                           (Sixth Chamber)
                                                                                     are not relevant in this connection.
                         of 6 November 2003                                    2.    A Community national such as the appellant in the main
                                                                                     proceedings, where he has the status of a migrant worker for
in Case C-413/01 (Reference for a preliminary ruling from                            the purposes of Article 48 of the Treaty, is not necessarily
the Verwaltungsgerichtshof): Franca Ninni-Orasche v                                  voluntarily unemployed, within the meaning established by the
 Bundesminister für Wissenschaft, Verkehr und Kunst (1)                              relevant case-law of the Court, solely because his contract of
                                                                                     employment, from the outset concluded for a fixed term, has
                                                                                     expired.
(Freedom of movement for workers — Article 48 of the EC
Treaty (now, after amendment, Article 39 EC) — Concept of
‘worker’ — Contract of employment of a short term fixed in                     (1) OJ C 84 of 6.4.2002.
advance — Retention of the status of ‘worker’ after end of
employment contract — Conditions for the grant of social
advantages within the meaning of Article 7(2) of Regulation
               (EEC) No 1612/68 — Study finance)
                                                                                                 JUDGMENT OF THE COURT
                             (2004/C 7/22)
                                                                                                         (Sixth Chamber)
                     (Language of the case: German)
                                                                                                      of 20 November 2003
(Provisional translation; the definitive translation will be published         in Case C-416/01 (Reference for a preliminary ruling from
                     in the European Court Reports)                            the Tribunal Supremo): Sociedad Cooperativa General
                                                                               Agropecuaria (ACOR) v Administración General del Esta-
                                                                               do, participant: Ebro Puleva SA, formerly Azucarera Ebro
                                                                                  Agrícolas SA and Azucareras Reunidas de Jaén SA (1)
In Case C-413/01: Reference to the Court under Article 234 EC
by the Verwaltungsgerichtshof (Austria) for a preliminary                      (Common organisation of the markets in the sugar sector —
ruling in the proceedings pending before that court between                    Reallocation or transfer of quotas — Interpretation of
Franca Ninni-Orasche and Bundesminister für Wissenschaft,                      Council Regulations (EEC) No 1785/81, (EEC) No 193/82
Verkehr und Kunst, on the interpretation of Article 48 of the                  and (EC) No 1260/2001 — Decision of competent auth-
EC Treaty (now, after amendment, Article 39 EC), the Court                     orities of a Member State, when approving a merger, to
(Sixth Chamber), composed of: J.-P. Puissochet, President of                   reallocate sugar production quotas — Sale by public auction
the Chamber, C. Gulmann, V. Skouris (Rapporteur), F. Macken                                — Transfer of quotas for consideration)
and N. Colneric, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 6 November                                                    (2004/C 7/23)
2003, in which it has ruled:
                                                                                                   (Language of the case: Spanish)
1.    The fact that a national of a Member State has worked for a
      temporary period of two and a half months in the territory of            (Provisional translation; the definitive translation will be published
      another Member State, of which he is not a national, can confer                              in the European Court Reports)
      on him the status of a worker within the meaning of Article 48
      of the EC Treaty (now, after amendment, Article 39 EC)
      provided that the activity performed as an employed person is            In Case C-416/01: Reference to the Court under Article 234 EC
      not purely marginal and ancillary.                                       by the Tribunal Supremo (Spain) for a preliminary ruling in
                                                                               the proceedings pending before that court between Sociedad
      It is for the national court to carry out the examinations of fact       Cooperativa General Agropecuaria (ACOR) and Administra-
      necessary in order to determine whether that is so in the case           ción General del Estado, participant: Ebro Puleva SA, formerly
      before it. Circumstances preceding and subsequent to the period          Azucarera Ebro Agrícolas SA and Azucareras Reunidas de
      of employment, such as the fact that the person concerned:               Jaén SA, on the interpretation of Council Regulations (EEC)
                                                                               No 1785/81 of 30 June 1981 on the common organisation of
      —      took up the job only some years after his entry into the          the markets in the sugar sector (OJ 1981 L 177, p. 4), (EEC)
             host Member State,                                                No 193/82 of 26 January 1982 laying down general rules for
                                                                               transfers of quotas in the sugar sector (OJ 1982 L 21, p. 3),
      —      shortly after the end of his short, fixed-term employment         and (EC) No 1260/2001 of 19 June 2001 on the common
             relationship, became eligible for entry to university in the      organisation of the markets in the sugar sector (OJ 2001
             host Member State by virtue of having completed his               L 178, p. 1), the Court (Sixth Chamber), composed of:
             schooling in his country of origin, or                            V. Skouris (Rapporteur), acting for the President of the Sixth