CELEX: C2000/102/04
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of 27 January 2000 in Case C-190/98 (reference for a preliminary ruling from the Oberlandesgericht Linz): Volker Graf v Filzmoser Maschinenbau GmbH (Freedom of movement for workers — Compensation on termination of employment — Refusal where a worker terminates his contract of employment in order to take a job in another Member State)

8.4.2000                 EN                       Official Journal of the European Communities                                             C 102/3
    7. Orders the Council and the Commission to bear their own               The rule laid down in Article 16(1)(a) of the Convention of
         costs and jointly and severally to pay 90 % of the applicants’      27 September 1968 on Jurisdiction and the Enforcement of Judg-
         costs apart from the costs of the expert’s report commissioned      ments in Civil and Commercial Matters, as amended by the
         by the Court. The costs of that report shall be borne jointly       Convention of 9 October 1978 on the Accession of the Kingdom of
         and severally, as to 90 %, by the Council and the                   Denmark, Ireland and the United Kingdom of Great Britain and
         Commission. Since the remaining 10 % of those costs is to           Northern Ireland, by the Convention of 25 October 1982 on the
         be borne by all of the applicants in the two cases, that            Accession of the Hellenic Republic, and by the Convention of 26
         percentage shall be borne as to 22 % each by the applicants         May 1989 on the Accession of the Kingdom of Spain and the
         in Case C-104/89 and as to 12 % by Mr Heinemann.                    Portuguese Republic, conferring exclusive jurisdiction in proceedings
                                                                             having as their object tenancies of immovable property is applicable
                                                                             to an action for damages for taking poor care of premises and causing
(1) OJ C 109 of 29.4.1989. OJ C 71 of 21.3.1990.                             damage to accommodation which a private individual had rented for
                                                                             a few weeks’ holiday, even where the action is not brought directly by
                                                                             the owner of the property but by a professional tour operator from
                                                                             whom the person in question had rented the accommodation and
                                                                             who has brought legal proceedings after being subrogated to the
                                                                             rights of the owner of the property.
                 JUDGMENT OF THE COURT                                       The ancillary clauses relating to insurance in the event of cancellation
                                                                             and to guarantee of repayment of the price paid by the client, which
                          (Sixth Chamber)                                    are contained in the general terms and conditions of the contract
                                                                             concluded between that organiser and the tenant, and which do not
                         of 27 January 2000                                  form the subject of the dispute in the main proceedings, do not affect
                                                                             the nature of the tenancy as a tenancy of immovable property within
in Case C-8/98 (reference for a preliminary ruling from                      the meaning of that provision of the Convention.
the Landgericht Heilbronn): Dansommer A/S v Andreas
                               Götz (1)                                      (1) OJ C 72 of 7.3.1998.
(Brussels Convention — Article 16(1) — Exclusive jurisdic-
tion in proceedings having as their object tenancies of
                  immovable property — Scope)
                           (2000/C 102/03)
                                                                                               JUDGMENT OF THE COURT
                   (Language of the case: German)
                                                                                                      of 27 January 2000
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           in Case C-190/98 (reference for a preliminary ruling from
                                                                             the Oberlandesgericht Linz): Volker Graf v Filzmoser
In Case C-8/98: reference to the Court, pursuant to the                                           Maschinenbau GmbH (1)
Protocol of 3 June 1971 on the Interpretation by the Court of
Justice of the Convention of 27 September 1968 on Jurisdic-
tion and the Enforcement of Judgments in Civil and Commer-                   (Freedom of movement for workers — Compensation on
cial Matters, by the Landgericht Heilbronn (Germany) for a                   termination of employment — Refusal where a worker
preliminary ruling in the proceedings pending before that                    terminates his contract of employment in order to take a job
court between Dansommer A/S and Andreas Götz — on the                                             in another Member State)
interpretation of Article 16(1) (a) of the abovementioned
Convention of 27 September 1968 (OJ 1978 L 304, p. 36), as                                              (2000/C 102/04)
amended by the Convention of 9 October 1978 on the
Accession of the Kingdom of Denmark, Ireland and the United
Kingdom of Great Britain and Northern Ireland (OJ 1978                                          (Language of the case: German)
L 304, p. 1 and — amended text — p. 77), by the Convention
of 25 October 1982 on the Accession of the Hellenic Republic
(OJ 1982 L 388, p. 1), and by the Convention of 26 May 1989
                                                                             (Provisional translation; the definitive translation will be published
on the Accession of the Kingdom of Spain and the Portuguese
                                                                                                 in the European Court Reports)
Republic (OJ 1989 L 285, p. 1) — the Court (Sixth Chamber)
composed of: R. Schintgen (Rapporteur), President of the
Second Chamber, acting as President of the Sixth Chamber,                    In Case C-190/98: reference to the Court under Article 177 of
P.J.G. Kapteyn and G. Hirsch, Judges; Advocate General: A. La                the EC Treaty (now Article 234 EC) by the Oberlandesgericht
Pergola; Registrar: H.A. Rühl, Principal Administrator, has                  (Higher Regional Court) Linz, Austria, for a preliminary ruling
given a judgment on 27 January 2000, in which it has ruled:                  in the proceedings pending before that court between Volker
 ---pagebreak--- C 102/4                 EN                       Official Journal of the European Communities                                           8.4.2000
Graf and Filzmoser Maschinenbau GmbH — on the interpret-                    President of the Sixth Chamber, G. Hirsch and H. Ragnemalm,
ation of Article 48 of the EC Treaty (now, after amendment,                 Judges, Advocate General; A. Saggio, Registrar; H. von Hol-
Article 39 EC) — the Court, composed of G.C. Rodrı́guez                     stein, Deputy Registrar, has given a judgment on 3 February
Iglesias, President, J.C. Moitinho de Almeida, L. Sevón,                   2000, in which it has ruled:
R. Schintgen (Rapporteur), Presidents of Chambers, P.J.G. Kap-
teyn, C. Gulmann, J.-P. Puissochet, G. Hirsch, P. Jann,                     Article 2(1) and (3) of Council Directive 76/207/EEC of 9 February
H. Ragnemalm and M. Wathelet, Judges, Advocate General:                     1976 on the implementation of the principle of equal treatment for
N. Fennelly; D. Louterman-Hubeau, Principal Administrator,                  men and women as regards access to employment, vocational training
for the Registrar, has given a judgment on 27 January 2000,                 and promotion, and working conditions precludes a refusal to appoint
in which it has ruled:                                                      a pregnant woman to a post for an indefinite period on the ground
                                                                            that a statutory prohibition on employment attaching to the condition
Article 48 of the EC Treaty (now, after amendment, Article 39 EC)           of pregnancy prevents her from being employed in that post from the
does not preclude national provisions which deny a worker entitlement       outset and for the duration of the pregnancy.
to compensation on termination of employment if he terminates his
contract of employment himself in order to take up employment in
another Member State, when those provisions grant him entitlement           (1) OJ C 234 of 25.7.1998.
to such compensation if the contract ends without the termination
being at his own initiative or attributable to him.
(1) OJ C 234 of 25.7.1998.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Sixth Chamber)
                                                                                                     of 3 February 2000
                 JUDGMENT OF THE COURT
                                                                            in Case C-293/98 (reference for a preliminary ruling
                         (Sixth Chamber)                                    from the Juzgado de Primera Instancia e Instrucción
                                                                            de Oviedo): Entidad de Gestión de Derechos de los
                        of 3 February 2000                                  Productores Audiovisuales (Egeda) v Hostelerı́a Asturiana
                                                                                                        SA (Hoasa) (1)
in Case C-207/98 (reference for a preliminary ruling
from Landesarbeitsgericht Mecklenburg-Vorpommern):                          (Copyright — Satellite broadcasting and cable retrans-
Silke-Karin Mahlburg v land Mecklenburg-Vorpom-                                                            mission)
                               mern (1)
                                                                                                       (2000/C 102/06)
(Equal treatment for men and women — Access to employ-
        ment — Refusal to employ a pregnant woman)
                                                                                                (Language of the case: Spanish)
                          (2000/C 102/05)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                   (Language of the case: German)
                                                                            In Case C-293/98: reference to the Court under Article 177 of
                                                                            the EC Treaty (now Article 234 EC) by the Juzgado de Primera
(Provisional translation; the definitive translation will be published      Instancia e Instrucción de Oviedo, Spain, for a preliminary
                   in the European Court Reports)                           ruling in the proceedings pending before that court between
                                                                            Entidad de Gestión de Derechos de los Productores Audiovisu-
In Case C-207/98, reference to the Court under Article 177 of               ales (Egeda) and Hosteleria Asturiana SA (Hoasa) — on the
the EC Treaty (now Article 234 EC) by the Landesarbeitsgericht              interpretation of Article 1 of Council Directive 93/83/EEC of
Mecklenburg-Vorpommern (Germany) for a preliminary ruling                   27 September 1993 on the coordination of certain rules
in the proceedings pending before that court between Silke-Ka-              concerning copyright and rights related to copyright applicable
rin Mahlburg and land Mecklenburg-Vorpommern — on the                       to satellite broadcasting and cable retransmission (OJ 1993
interpretation of Article 2(1) of Council Directive 76/207/EEC              L 248, p. 15) the Court (Sixth Chamber), composed of:
of 9 February 1976 on the implementation of the principle of                P.J.G. Kapteyn (Rapporteur), acting for the President of the
equal treatment for men and women as regards access to                      Sixth Chamber, G. Hirsch and H. Ragnemalm, Judges; A. La
employment, vocational training and promotion, and working                  Pergola, Advocate General ; H. von Holstein, Deputy Registrar,
conditions (OJ 1976 L 39, p. 40) — the Court (Sixth Chamber),               has given a judgment on 3 February 2000, in which it has
composed of: P.J.G. Kapteyn (Rapporteur), acting for the                    ruled: