CELEX: C2000/122/22
Language: en
Date: 2000-04-29 00:00:00
Title: Case C-53/00: Reference for a preliminary ruling by the Tribunal des Affaires de Sécurité Sociale, by judgment of that court of 11 January 2000, in the case of Ferring SA v Agence Centrale des Organismes de Sécurité Sociale — A.C.O.S.S.

29.4.2000             EN                   Official Journal of the European Communities                                          C 122/13
Reference for a preliminary ruling from the Bundessozial-                  undertaking B, dismisses all its staff, except for four
gericht by order of that court of 16 December 1966 in                      persons, whereupon undertaking D is awarded that con-
the case of Hasan Gevin v Bundesanstalt für Arbeit —                       tract by undertaking A, employs a proportion of the staff
                        Kindergeldkasse                                    of undertaking C under a collective labour agreement but
                                                                           takes over none of the assets of undertaking C, which latter
                         (Case C-47/00)                                    undertaking continues to exist and to pursue the objects
                                                                           for which it was incorporated?
                        (2000/C 122/20)                               2. In the event that undertaking C is held to be the transferor,
                                                                           even though it continues to exist, does the abovementioned
Reference has been made to the Court of Justice of the                     directive preclude it from being able to retain certain
European Communities by order of the Bundessozialgericht                   workers in its service?
(Federal Social Court), which was received at the Court Registry
on 14 February 2000, for a preliminary ruling in the case of          (1) on the approximation of the laws of the Member States relating
Hasan Gevin v Bundesanstalt für Arbeit — Kindergeldkasse                  to the safeguarding of employees’ rights in the event of transfers
(Federal Office for Employment — Child-Benefit Fund) on the               of undertakings, businesses or parts of businesses (OJ 1977 L 61,
following question:                                                       p. 26).
Is Article 3(1) of Decision No 3/80 of 19 September 1980 of
the EEC-Turkey Association Council on the application of the
social security schemes of the Member States of the European
Communities to Turkish workers and members of their
families also applicable to a Turkish national who is lawfully        Reference for a preliminary ruling by the Tribunal des
resident and gainfully employed in a Member State of the              Affaires de Sécurité Sociale, by judgment of that court of
European Union but entered the Member State concerned as a            11 January 2000, in the case of Ferring SA v Agence
refugee from Turkey rather than as a migrant worker or the            Centrale des Organismes de Sécurité Sociale — A.C.O.S.S.
dependant of a migrant worker, and received a work permit
only after the end of the asylum proceedings?
                                                                                                (Case C-53/00)
                                                                                               (2000/C 122/22)
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by a judgment of the Tribunal des
                                                                      Affaires de Sécurité Sociale (Social Security Court), Créteil, of
Reference for a preliminary ruling by the Cour du Travail             11 January 2000, which was received at the Court Registry on
(6th Chamber), Brussels, by judgment of that court of                 21 February 2000, for a preliminary ruling in the case of
14 February 2000 in the case of Temco Service Industries              Ferring SA v Agence Centrale des Organismes de Sécurité
SA against Samir Imzilyen, Mimoune Belfarh, Abdesselam                Sociale — A.C.O.S.S., on the following questions:
Afia-Aroussi, and Khalil Lakhdar; intervening parties:                — Can the contribution created by Article L.245-6-1 of the
General Maintenance Contractors SPRL and Buyle-Med-                        Code de la Sécurité Sociale be regarded as a public aid
                    ros-Vaes Associates SA                                 within the meaning of Article 87 EC (ex Article 92 of the
                                                                           EC Treaty)?
                         (Case C-51/00)
                                                                           — If so, is it justified by the nature and scheme of the
                                                                               system?
                        (2000/C 122/21)
                                                                      — Are wholesale distributors entrusted with the operation of
Reference has been made to the Court of Justice of the                     a service in the general economic interest within the
European Communities by judgment of the Cour du Travail                    meaning of Article 86(2) EC (ex Article 90(2) of the EC
(Higher Labour Court) (6th Chamber), Brussels, of 14 February              Treaty)?
2000, received at the Court Registry on 17 February 2000, for
a preliminary ruling in the case of Temco Service Industries          — If the contribution at issue can be classified as public aid,
SA against Samir Imzilyen, Mimoune Belfarh, Abdesselam                     must it strictly offset the extra cost resulting from the
Afia-Aroussi, and Khalil Lakhdar; intervening parties: General             obligations imposed on wholesale distributors in order
Maintenance Contractors SPRL and Buyle-Medros-Vaes Associ-                 for the derogation provided for in Article 86(2) to be
ates SA, on the following questions:                                       applicable?
                                                                      — Must Article 49 EC (ex Article 59 of the EC Treaty) be
1. Does Article 1(1) of Council Directive 77/187 of 14 Febru-
                                                                           interpreted as precluding national legislation of the kind
    ary 1977 (1) apply in a situation where undertaking A
                                                                           embodied in the Law of 19 December 1997?
    contracts with undertaking B for the cleaning of its indus-
    trial plants and undertaking B entrusts that work to
    undertaking C, which, following loss of the contract by