CELEX: C2001/173/08
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 8 February 2001 in Case C-350/99 (reference for a preliminary ruling from the Arbeitsgericht Bremen, Germany): Wolfgang Lange v Georg Schünemann GmbH (Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship — Length of normal daily or weekly work — Rules on overtime — Rules of evidence)

16.6.2001             EN                    Official Journal of the European Communities                                            C 173/5
(Agents: K. Rispal-Bellanger and C. Vasak) — application for a               —     by failing to determine the appropriate detailed rules for
declaration that,                                                                  the utilisation of the quotas allocated to it for the
                                                                                   1988 and 1990 fishing years and by failing to ensure
                                                                                   compliance with the Community rules on the conservation
                                                                                   of species through adequate monitoring of fishing activities
                                                                                   and through appropriate inspection of the fishing fleet,
—    by failing to determine the appropriate detailed rules for                    actual landings and catch records for both the 1988 and
     the utilisation of the quotas allocated to it for the                         1990 fishing years;
     1988 and 1990 fishing years,
                                                                             —     by not provisionally prohibiting fishing by vessels flying
                                                                                   the French flag or registered in French territory in cases
                                                                                   where the catches made were deemed to have exhausted the
                                                                                   corresponding quota and, where relevant, by prohibiting
—    by failing to ensure compliance with the Community                            fishing after the corresponding quota had been largely
     rules on the conservation of species through adequate                         exceeded, in both the 1988 and 1990 fishing years;
     monitoring of fishing activities and through appropriate
     inspection of the fishing fleet, actual landings and catch                    and
     records for both the 1988 and 1990 fishing years,
                                                                             —     by failing, as regards the 1988 and 1990 fishing years,
                                                                                   to take penal or administrative action against any master
                                                                                   or other person responsible for fishing after imposition of
                                                                                   a fishing ban,
—    by not temporarily prohibiting, in both the 1988 and
     1990 fishing years, fishing by vessels flying the French                the French Republic has failed to fulfil its obligations under
     flag or registered in French territory at times when                    Article 5(2) of Council Regulation (EEC) No 170/83 of
     the catches made were deemed to have exhausted the                      25 January 1983 establishing a Community system for
     corresponding quota, and by finally prohibiting fishing at              the conservation and management of fishery resources, in
     a time when the corresponding quota had been largely                    conjunction with Article 1(1) of Council Regulation (EEC)
     exceeded,                                                               No 2241/87 of 23 July 1987 establishing certain control
                                                                             measures for fishing activities, under Article 11(2) of Regu-
                                                                             lation No 2241/87, and under Article 5(2) of Regulation
                                                                             No 170/83 in conjunction with Article 1(2) of Regulation
                                                                             No 2241/87;
     and
                                                                       2.    Orders the French Republic to pay the costs.
                                                                       (1) OJ C 333 of 20.11.1999.
—    by failing, for the 1988 and 1990 fishing years, to take
     penal or administrative action against any master or other
     person responsible for fishing after a prohibition had
     been imposed,
                                                                                         JUDGMENT OF THE COURT
                                                                                                  (Fifth Chamber)
                                                                                                of 8 February 2001
the French Republic has failed to fulfil its obligations under
                                                                       in Case C-350/99 (reference for a preliminary ruling from
Article 5(2) of Council Regulation (EEC) No 170/83 of
                                                                       the Arbeitsgericht Bremen, Germany): Wolfgang Lange v
25 January 1983 establishing a Community system for the
                                                                                         Georg Schünemann GmbH (1)
conservation and management of fishery resources (OJ 1983
L 24, p. 1), in conjunction with Article 1(1) of Council               (Council Directive 91/533/EEC of 14 October 1991 on an
Regulation (EEC) No 2241/87 of 23 July 1987 establishing               employer’s obligation to inform employees of the conditions
certain control measures for fishing activities (OJ 1987 L 207,        applicable to the contract or employment relationship —
p. 1), under Article 11(2) of Regulation No 2241/87, and               Length of normal daily or weekly work — Rules on overtime
under Article 5(2) of Regulation No 170/83 in conjunction                                       — Rules of evidence)
with Article 1(2) of Regulation No 2241/87 — the Court (Fifth
Chamber), composed of: A. La Pergola, President of the                                            (2001/C 173/08)
Chamber, M. Wathelet, D.A.O. Edward (Rapporteur), P. Jann
and L. Sevón, Judges; S. Alber, Advocate General; R. Grass,
                                                                                           (Language of the case: German)
Registrar, has given a judgment on 1 February 2001, in which
it:
                                                                       (Provisional translation; the definitive translation will be published
                                                                                           in the European Court Reports)
                                                                       In Case C-350/99: reference to the Court under Article 177 of
1.   Declares that:                                                    the EC Treaty (now Article 234 EC) from the Arbeitsgericht
 ---pagebreak--- C 173/6                  EN                      Official Journal of the European Communities                                             16.6.2001
Bremen for a preliminary ruling in the proceedings pending                                     JUDGMENT OF THE COURT
before that court between Wolfgang Lange and Georg Schüne-
mann GmbH — on the interpretation of Council Directive
91/533/EEC of 14 October 1991 on an employer’s obligation                                               (Second Chamber)
to inform employees of the conditions applicable to the
contract or employment relationship (OJ 1991 L 288 p. 32)
— the Court (Fifth Chamber), composed of: A. La Pergola                                                of 14 February 2001
(Rapporteur), President of the Chamber, M. Wathelet,
D.A.O. Edward, P. Jann and L. Sevón, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 8 February 2001, in which                in Case C-219/99: Commission of the European Communi-
                                                                                                    ties v French Republic (1)
it has ruled:
                                                                            (Failure of a Member State to fulfil its obligations — Failure
                                                                                           not contested — Directive 95/16/EC)
1.    Article 2(2)(i) of Council Directive 91/533/EEC of 14 October
      1991 on an employer’s obligation to inform employees of the
      conditions applicable to the contract or employment relationship
      must be interpreted as not relating to the working of overtime.                                     (2001/C 173/09)
      However, it is clear from Article 2(1) of that Directive that the
      employer is obliged to notify the employee of any term having
      the nature of an essential element of the contract or employment
      relationship and requiring the employee to work overtime                                     (Language of the case: French)
      whenever requested to do so by his employer. That information
      must be notified under the same conditions as those laid down
      by the Directive for the elements expressly mentioned in
      Article 2(2) thereof. It may, where appropriate, by analogy           (Provisional translation; the definitive translation will be published
      with the rule which applies, in particular, to normal working                               in the European Court Reports)
      hours by virtue of Article 2(3) of the Directive, take the form of
      a reference to the relevant laws, regulations and administrative
      or statutory provisions or collective agreements.                     In Case C-219/99: Commission of the European Communities
                                                                            (Agent: H. van Lier) v French Republic (Agents: K. Rispal-
                                                                            Bellanger and D. Colas) — application for a declaration that,
                                                                            by failing to adopt the laws, regulations and administrative
2.    No provision of Directive 91/533 requires an essential element        provisions necessary to comply with European Parliament
      of the contract or employment relationship that has not been          and Council Directive 95/16/EC of 29 June 1995 on the
      mentioned in a written document delivered to the employee or          approximation of the laws of the Member States relating to
      has not been mentioned therein with sufficient precision to be        lifts (OJ 1995 L 213, p. 1), the French Republic has failed to
      regarded as inapplicable.                                             fulfil its obligations under that directive — the Court (Second
                                                                            Chamber), composed of: V. Skouris, President of the Chamber,
                                                                            R. Schintgen and N. Colneric (Rapporteur), Judges; F.G. Jacobs,
                                                                            Advocate General; R. Grass, Registrar, has given a judgment
3.    Where an employer fails to comply with his obligation under           on 14 February 2001, in which it:
      Directive 91/533 to provide information, that directive does
      not require the national court to apply, or refrain from applying,
      principles of national law under which the proper taking of           1.     Declares that, by failing to adopt, within the prescribed period,
      evidence is deemed to have been obstructed where a party to the              the laws, regulations and administrative provisions necessary to
      proceedings has not complied with his legal obligations to                   comply with European Parliament and Council Directive
      provide information.                                                         95/16/EC of 29 June 1995 on the approximation of the laws
                                                                                   of the Member States relating to lifts, the French Republic has
                                                                                   failed to fulfil its obligations under that directive;
                                                                            2.     Orders the French Republic to pay the costs.
(1) OJ C 333 of 20.11.1999.
                                                                            (1) OJ C 226 of 7.8.1999.