CELEX: C1996/370/17
Language: en
Date: 1996-12-07 00:00:00
Title: Reference for a preliminary ruling by the Rechtbank van Eerste Aanleg, Brussels, by judgment of that court of 11 October 1996 in the case of Belgisch Interventie- en Restitutiebureau against Prolacto NV (Case C-346/96)

7 . 12 . 96              EN |                 Official Journal of the European Communities                                  No C 370/ 7
Pleas in law and main arguments adduced in support:                      2 . Does at least the principle, to be regarded as part of
                                                                               Community law, that national law is to be interpreted
                                                                               in a Community manner consistent with EC law,
According to the third paragraph of Article 189 of the EC                      require national provisions on equal treatment with
Treaty, a directive is to be binding, as to the result to be                   respect to benefits from occupational pension schemes
achieved, upon each Member State to which it is addressed.                     to be interpreted and applied in harmony with the
It follows that each Member State is obliged to realize the                    requirements and limitations ( prohibition of retroactive
objective of the directive prior to the expiry of the time­                    effect) of Community law ?
limit prescribed therein, that is to say, to transpose it into
domestic law in such a way that its practical effect is
achieved in full . The Federal Republic of Germany has
failed to discharge that obligation to transpose the Directive
in full within the time-limit laid down in Article 34 ( 1 )
thereof ( 14 June 1994 ).
                                                                         Reference for a preliminary ruling by the Rechtbank van
                                                                         Eerste Aanleg, Brussels, by judgment of that court of
(M OJNoL 199 , 9 . 8 . 1993 , p . 1 .                                    11 October 1996 in the case of Belgisch Interventie- en
                                                                                       Restitutiebureau against Prolacto NV
                                                                                                    ( Case C-346/96 )
                                                                                                      ( 96/C 370/ 17 )
Reference for a preliminary ruling from the
Landesarbeitsgericht Niedersachsen by order of that court
                                                                         Reference has been made to the Court of Justice of the
of 10 February 1995 in the case of Landeshauptstadt
                      Hannover v. Almut Sattler                          European Communities by judgment of the Rechtbank van
                                                                         Eerste Aanleg ( Court of First Instance ), Brussels, of
                           ( Case C-345 /96                              11 October 1996 , received at the Court Registry on
                             ( 96/C 370/ 16 )                            21 October 1996, for a preliminary ruling in the case of
                                                                         Belgisch Interventie- en Restitutiebureau against Prolacto
                                                                         NV on the following question:
Reference has been made to the Court of Justice of the
European Communities . by an order of the Third Chamber
of the Landesarbeitsgericht Niedersachsen (Higher Labour                 In the context of a tender for the supply of skimmed milk
Court of Lower Saxony) of 10 February 1995 , which was                   power as food aid on the basis of Commission Regulations
                                                                         ( EEC ) Nos 345/87 ( ] ) and 1358/87 ( 2 ) of 3 February 1987
received at the Court Registry on 18 October 1996, for a
                                                                         and 15 May 1987, respectively, and the associated
preliminary ruling in the case of Landeshauptstadt
                                                                         tendering securities lodged pursuant to Article 12 of
Hannover v. Almut Sattler on the following questions :
                                                                         Commission Regulation ( EEC ) No 1354/83 ( 3 ) of 17 May
                                                                         1983 , may a legal person who subsequently failed to fulfil
1 . ( a ) Does Community law require precedence of                       its obligations and did not effect delivery be also the subject
            application or validity ( under the second paragraph         of a claim for payment of compensation on the part
            of Article 5 and Article 189 of the EC Treaty ) over         of the Belgisch Interventie- en Restitutiebureau ( Belgian
            national provisions of the Member States which               intervention and restitution agency ) pursuant to Article 25
            could or would be applicable, by way of                      ( 1 ) of Regulation ( EEC ) No 1354/83 when all the tendering
            concurrence of claims, to the same factual situation         securities have been declared forfeit to that agency ?
            and with the same aim of supporting claims to
            equal treatment in occupational pension schemes,             (!) OJ No L 34 , 3 . 2 . 1987, p . 8 .
            as for example in Germany — generally — the                  ( 2 ) OJNoL 131 , 15 . 5 . 1987, p . 1 .
            employment law principle of equal treatment or —             ( 3 ) OJNoL 142 , 17. 5 . 1983 , p . 1 .
            specifically — paragraph 2 ( 1 ) of the Beschafti­
            gungsforderungsgesetz ( Employment Promotion
            Law ) 1985 ?
      ( b ) Does the precedence of Community law in such a
            conflict, where Community law confers benefits               Reference for a preliminary ruling from the Tribunal
            under occupational pension schemes only if and in            Superior de Justicia de Madrid, Sala de lo Contencioso­
            so far as they are attributable to periods of                Administrativo, Sección Primera, by order of that court of
            employment after 17 May 1990, whereas the                    3 July 1996 in the case of Soldred SA v. Administración
            national provisions regulate the same factual                                          General del Estado
            situation differently in that they do not exclude                                         Case C-347/96 )
            retroactive effect, apply generally ?
                                                                                                       ( 96/C 370/ 18 )
      (c ) Does such precedence exist only if the economic
            objective of Article 119, which exists alongside the
            social objective, namely the creation of equal                Reference has been made to the Court of Justice of the
            competitive opportunities, is specifically affected ?         European Communities by order of the Tribunal Superior