CELEX: C1998/397/36
Language: en
Date: 1998-12-19 00:00:00
Title: Reference for a preliminary ruling by the High Court of Justice (England and Wales), Queen's Bench Division, Divisional Court, by order of that Court of 9 October 1998, in the case of The Queen against Secretary of State for Social Security, ex parte: John Henry Taylor (Case C-382/98)

19.12.98               EN                  Official Journal of the European Communities                                       C 397/21
Under English law, effect will be given to the applicable             2. If the answer to question 1 is yes:
law as chosen by the parties, unless there is a public policy
reason, such as an overriding provision, for not so doing.
In such circumstances, are the provisions of Council                       (a) Does Article 7(1)(a) of Directive 79/7/EEC apply
Directive 86/653/EEC (1), as implemented in the laws of                         in the circumstances of this case?
the Member States, and in particular those provisions
relating to the payment of compensation to agents on
termination of their agreements with their principals,                     (b) In particular, is the Respondent prevented from
applicable when:                                                                relying upon Article 7(1)(a) of Directive 79/7/EEC
                                                                                where both the Social Fund Winter Fuel Payment
                                                                                Regulations 1998 and the Social Security
(i)   a principal appoints an exclusive agent in United                         Contributions and Benefits Act 1992 under which
      Kingdom and Republic of Ireland for the sale of its                       those Regulations were made came into force
      products therein; and                                                     after 23 December 1984, the latest date for the
                                                                                said Directive to be given full effect in domestic
                                                                                law?
(ii) in so far as sales of the products in the United
      Kingdom are concerned, the agent carries out its                (1) Council Directive 79/7/EEC of 19 December 1978, on the
      activities in the United Kingdom; and                               progressive implementation of the principle of equal treatment
                                                                          for men and women in matters of social security (OJ L 6,
                                                                          10.1.1979, p. 24).
(iii) the principal is a company incorproated in a non-EU
      State, and in particular in the State of California,
      USA and situated there; and
(iv) the express applicable law of the contract between
      the parties is that of the State of California, USA?            Reference for a preliminary ruling by the Oberster
                                                                      Gerichtshof by order of 29 September 1998 in the case of
                                                                      The Polo/Lauren Company v. PT. Dwidua Langgeng
(1) Council Directive 86/653/EEC of 18 December 1986, on the                     Pratama International Freight Forwarders
    coordination of the laws of the Member States relating to self-
    employed commercial agents (OJ L 382, 31.12.1986, p. 17).                                (Case C-383/98)
                                                                                              (98/C 397/37)
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by order of 29 September 1998
Reference for a preliminary ruling by the High Court of               from the Oberster Gerichtshof (Austrian Supreme Court),
Justice (England and Wales), Queen's Bench Division,                  which was received at the Court Registry on 26 October
Divisional Court, by order of that Court of 9 October                 1998, for a preliminary ruling in the case of The Polo/
1998, in the case of The Queen against Secretary of State             Lauren Company v. PT. Dwidua Langgeng Pratama
       for Social Security, ex parte: John Henry Taylor               International Freight Forwarders on the following
                        (Case C-382/98)                               question:
                          (98/C 397/36)
                                                                      On a proper construction of Article 1 thereof, is Council
                                                                      Regulation (EC) No 3295/94 of 22 December 1994 laying
Reference has been made to the Court of Justice of the                down measures to prohibit the release for free circulation,
European Communities by an order of the High Court of                 export, re-export or entry for a suspensive procedure of
Justice (England and Wales), Queen's Bench Division,                  counterfeit and pirated goods (OJ L 341, 30.12.1994) also
Divisional Court, of 9 October 1998, which was received               applicable to situations in which goods of the type
at the Court Registry on 26 October 1998, for a                       specified therein are, in the course of transit between two
preliminary ruling in the case of The Queen against                   countries not belonging to the European Community,
Secretary of State for Social Security, ex parte: John Henry          temporarily detained by the customs authorities in a
Taylor, on the following questions:                                   Member State on the basis of that regulation, at the
                                                                      request of a holder of rights who claims that his rights
                                                                      have been infringed and whose undertaking has its
                                                                      registered office in a non-member country?
1. Is a winter fuel payment made under Regulation 2(5),
     2(6) and 3(1)(b) of the Social Fund Winter Fuel
     Payment Regulations 1998 within the scope of
     Article 3 of Directive 79/7/EEC (1)?