CELEX: C1998/397/28
Language: en
Date: 1998-12-19 00:00:00
Title: Reference for a preliminary ruling from the Cour du Travail, Mons, by judgment of that court of 9 October 1998 in the case of Abdon Vanbraekel, Marie-Ange Vanbraekel, Marie-Paule Vanbraekel, Marie-Claire Vanbraekel, Brigitte Vanbraekel, Edith Vanbraekel and Alexandre Vanbraekel v. Alliance Nationale des Mutualités Chrétiennes (Case C-368/98)

19.12.98              EN                 Official Journal of the European Communities                                    C 397/17
Ð The requirement of authorisation from the Ministry of                  competent institution or in accordance with that
    Finance for the transfer of shares representing more                 organised by the State on whose territory the hospital
    than 10 % of the voting capital of privatised                        treatment has taken place?
    companies (or of a specified participation in financial
    institutions), in the terms set out in Decree-Law
    No 380/93, is incompatible with Articles 73(b) and 52
    of the EC Treaty, the requirement of such                       Ð Is a limitation of the amount reimbursed under the
    authorisation could only be justified by imperative                  legislation of the State of the competent institution
    reasons in the general interest and if they were based               permitted, having regard to Article 36 of Regulation
    on objective criteria which are consistent and public in             (EEC) No 1408/71 which refers to reimbursement in
    character, in the absence of which that requirement                  full?
    could be used so as to keep control of the undertaking
    in question in the hands of nationals. The Portuguese
    authorities have not indicated what imperative reasons          (1) (OJ, English Special Edition 1971 (II), p. 416).
    in the general interest might justify such a measure. As
    regards the criteria which are to serve as guidance for
    the grant of authorisation, the Commission continues
    to hold the view that such criteria either are not
    indicated in the legislation or, in the event of Decree-
    Law No 380/93 referring to Decree-Law No 11/90,
    the prescribed criteria may be interpreted and applied
    in such a way as to benefit Portuguese citizens, to the         Reference for a preliminary ruling by the Divisional
    detriment of the nationals of other Member States.              Court, Queen's Bench Division, by order of that court of
                                                                    13 March 1998, in the case of The Queen against
(1) OJ L 302, 15.11.1985.                                           Minister of Agriculture, Fisheries and Food, ex parte:
                                                                    Trevor Robert Fisher and Penny Fisher trading as T. R.
                                                                                          and P. Fisher (a firm)
                                                                                             (Case C-369/98)
                                                                                              (98/C 397/29)
Reference for a preliminary ruling from the Cour du
Travail, Mons, by judgment of that court of 9 October
1998 in the case of Abdon Vanbraekel, Marie-Ange
                                                                    Reference has been made to the Court of Justice of the
Vanbraekel,      Marie-Paule    Vanbraekel,     Marie-Claire
                                                                    European Communities by an order of the Divisional
Vanbraekel, Brigitte Vanbraekel, Edith Vanbraekel and
                                                                    Court, Queen's Bench Division, of 13 March 1998, which
Alexandre Vanbraekel v. Alliance Nationale des
                                                                    was received at the Court Registry on 16 October 1998,
                   MutualiteÂs ChreÂtiennes
                                                                    for a preliminary ruling in the case of The Queen against
                       (Case C-368/98)                              Minister of Agriculture, Fisheries and Food, ex parte:
                                                                    Trevor Robert Fisher and Penny Fisher trading as T. R.
                        (98/C 397/28)
                                                                    and P. Fisher (a firm), on the following questions:
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Sixth                     (1) (i) Do Articles 3(1) and 9 of Regulation (EEC)
Chamber of the Cour du Travail (Higher Labour Court),                          No 3508/92 (1), coupled with the general
Mons, of 9 October 1998, which was received at the                             principles of Community law, permit information
Court Registry on 16 October 1998, for a preliminary                           held on a computerised data base set up under
ruling in the case of Abdon Vanbraekel, Marie-Ange                             Article 2, relating to data supplied by or on
Vanbraekel, Marie Paule Vanbraekel, Marie-Claire                               behalf of a former claimant for payments under
Vanbraekel, Brigitte Vanbraekel, Edith Vanbraekel and                          AAPs, to be disclosed to third parties?
Alexandre Vanbraekel v. Alliance Nationale des
MutualiteÂs ChreÂtiennes on the following questions:
                                                                          (ii) If the answer to question 1(i) is yes', is the
Where, in the context of proceedings before it, a national                     disclosure which the competent authority is
court has acknowledged that hospital treatment in a                            lawfully required to provide limited, as regards
Member State other than that of the competent institution                      the persons to whom disclosure can be made:
was necessary, although the prior authorisation provided
for in Article 22 of Regulation (EEC) No 1408/71 (1) was                       (a) to persons authorised by the former claimant
refused:                                                                            on the UK Base Form; and/or
Ð Must the costs of hospital treatment be reimbursed                           (b) to persons who require the information
    in accordance with the scheme of the State of the                               in connection with their application for