CELEX: C1998/234/35
Language: en
Date: 1998-07-25 00:00:00
Title: Reference for a preliminary ruling by the Industrial Tribunal, Bristol, by order of that court of 6 May 1998, in the case of 1) Mr G. Everson and 2) Mr T. J. Barrass against 1) Secretary of State for Trade and Industry and 2) Bell Lines Ltd (in liquidation) (Case C-198/98)

C 234/18              EN                 Official Journal of the European Communities                                    25.7.98
The Commission claims that the Court should:                        ruling in the case of 1) Mr G. Everson and 2) Mr T. J.
                                                                    Barrass against 1) Secretary of State for Trade and
                                                                    Industry and 2) Bell Lines Ltd (in liquidation), on the
Ð declare that, by not taking the necessary measures to             following question:
     comply with the judgment of the Court of Justice of
     23 March 1995 in Case C-365/93 (1) and, in particular,         Where
     by not having yet adopted, and communicated to the
     Commission, the laws, regulations and administrative           (i)   an employee works in one Member State for an
     provisions necessary to comply fully with Council                    employer incorporated in another Member State; and
     Directive 89/48/EEC (2) of 21 December 1988 on a
     general system for the recognition of higher-education         (ii) the employer has a branch in the Member State in
     diplomas awarded on completion of professional                       which the employee works, and that branch is
     education and training of at least three years'                      registered under the national provisions implementing
     duration, the Hellenic Republic has failed to fulfil its             Council Directive 89/666/EEC (1) (the Eleventh
     obligations under Article 171 of the EC Treaty;                      Company Law Directive), although it is not
                                                                          incorporated and does not have legal personality
Ð order the Hellenic Republic to pay the costs.                           separate from that of the employer, in that Member
                                                                          State; and
Pleas in law and main arguments adduced in support:                 (iii) both the employer and the employee are required to
                                                                          make social security contributions in the Member
                                                                          State in which the employee works;
Under Article 171 of the EC Treaty, if a Member State
fails to take, within the time-limit laid down by the               under Article 3 of Council Directive 80/987/EEC (2) of
Commission, the necessary measures to comply with a                 20 October 1980 on the approximation of the laws of the
judgment in which the Court has found that the Member               Member States relating to the protection of employees in
State in question failed to fulfil its obligations under the        the event of the insolvency of their employer, which
Treaty, the Commission may bring the case before the                guarantee institution is responsible for the payments
Court of Justice. In so doing the Commission is to specify          thereby due; is it
the amount of the lump sum or penalty payment to be
paid by the Member State concerned which it considers               (a) the guarantee institution in the Member State in
appropriate in the circumstances. The failure fully to                    which insolvency proceedings have been commenced,
transpose Directive 89/48/EEC into Greek law constitutes                  or
a breach of the fundamental principles of the free
movement of persons and the freedom to provide services,
                                                                    (b) the guarantee institution in the Member State in
and three years have already passed since the Court gave
                                                                          which the employee works and in which the
judgment in Case C-365/93. In view of the seriousness and
                                                                          employer has a permanent commercial presence?'
duration of the breach and the need to ensure that the
sanction has a deterrent effect, the Commission invites the
                                                                    (1) Eleventh Council Directive 89/666/EEC of 21 December 1989
Court to impose a penalty payment of ECU 41 000 per                     concerning disclosure requirements in respect of branches
day from the day on which the Hellenic Republic is                      opened in a Member State by certain types of company
notified of the judgment of the Court in this case until the            governed by the law of another State (OJ L 395 of
day on which the breach ceases.                                         30.12.1989, p. 36).
                                                                    (2) OJ L 283 of 20.10.1980, p. 23.
(1) Case C-365/93 Commission v Greece [1995] ECR I-499.
(2) OJ L 19 of 24.1.1989, p. 16.
                                                                    Appeal brought on 25 May 1998 by Anthony Goldstein
                                                                    against the order made on 16 March 1998 by the Third
                                                                    Chamber of the Court of First Instance of the European
Reference for a preliminary ruling by the Industrial                Communities in Case T-235/95, between Anthony
Tribunal, Bristol, by order of that court of 6 May 1998,                   Goldstein and the Commission of the European
in the case of 1) Mr G. Everson and 2) Mr T. J. Barrass                                       Communities
against 1) Secretary of State for Trade and Industry and 2)                                (Case C-199/98 P)
                Bell Lines Ltd (in liquidation)
                                                                                             (98/C 234/36)
                       (Case C-198/98)
                        (98/C 234/35)                               An appeal against the order made on 16 March 1998 by
                                                                    the Third Chamber of the Court of First Instance of the
                                                                    European Communities in Case T-235/95, between
Reference has been made to the Court of Justice of the              Anthony Goldstein and the Commission of the European
European Communities by an order of the Industrial                  Communities, was brought before the Court of Justice of
Tribunal, Bristol, of 6 May 1998, which was received at             the European Communities on 25 May 1998 by Anthony
the Court Registry on 25 May 1998, for a preliminary                Goldstein, a medical practitioner, represented by Mr