CELEX: C1999/020/15
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT of 1 December 1998 in Case C-410/96 (reference for a preliminary ruling from the Tribunal de Grande Instance, Metz): Criminal proceedings against André Ambry (Freedom to provide services - Free movement of capital - Provision of financial security - Travel agency arranging the security required to carry on its activities with a credit institution or insurance company established in another Member State)

C 20/10               EN                  Official Journal of the European Communities                                    23.1.1999
2. Community law precludes the application of a rule of              Schintgen and K. M. Ioannou, Judges; J. Mischo,
     national law which limits an employee's entitlement to          Advocate-General; L. Hewlett, Administrator, for the
     arrears of remuneration or damages for breach of the            Registrar, has given a judgment on 1 December 1998 in
     principle of equal pay to a period of two years prior           which it has ruled:
     to the date on which the proceedings were instituted,
     even when another remedy is available, if the latter is
     likely to entail procedural rules or other conditions
     which are less favourable than those applicable to              It is contrary to Article 59 of the EC Treaty and to
     similar domestic actions. It is for the national court to       Second Council Directive 89/646/EEC of 15 December
     determine whether that is the case.                             1989 on th coordination of laws, regulations and
                                                                     administrative provisions relating to the taking up and
                                                                     pursuit of the business of credit institutions and amending
(1) OJ C 354, 23.11.1996.                                            Directive 77/780/EEC and Council Directive 92/49/EEC
                                                                     of 18 June 1992 on the coordination of laws, regulations
                                                                     and administrative provisions relating to direct insurance
                                                                     other than life assurance and amending Directives
                                                                     73/239/EEC and 88/357/EEC (third non-life insurance
                                                                     Directive) for national rules to require, with a view to
                                                                     implementing Article 7 of Council Directive 90/314/EEC
                                                                     of 13 June 1990 on package travel, package holidays and
               JUDGMENT OF THE COURT                                 package tours, that, where financial security is provided
                                                                     by a credit institution or insurance company situated in
                     of 1 December 1998                              another Member State, the guarantor must conclude an
                                                                     agreement with a credit institution or insurance company
in Case C-410/96 (reference for a preliminary ruling from            situated in France.
the Tribunal de Grande Instance, Metz): Criminal
             proceedings against AndreÂ Ambry (1)
                                                                     (1) OJ C 74, 8.3.1997.
(Freedom to provide services Ð Free movement of capital
Ð Provision of financial security Ð Travel agency
arranging the security required to carry on its activities
with a credit institution or insurance company established
                  in another Member State)
                        (1999/C 20/15)
                                                                                    JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
                (Language of the case: French)
                                                                                          of 1 December 1998
                                                                     in Case C-200/97: (reference for a preliminary ruling from
                                                                     Corte Suprema di Cassazione): Ecotrade Srl v. Altiforni e
  (Provisional translation; the definitive translation will be                      Ferriere di Servola SpA (AFS) (1)
          published in the European Court Reports)
                                                                     (State aid Ð Definition Ð Advantage conferred without
                                                                     any transfer of public funds Ð Insolvent undertakings Ð
                                                                     Article 92 of the EC Treaty Ð Article 4(c) of the ECSC
In Case C-410/96: reference to the Court under Article 177                                       Treaty)
of the EC Treaty by the Tribunal de Grande Instance,
Metz (France) for a preliminary ruling in the criminal                                       (1999/C 20/16)
proceedings pending before that court against AndreÂ
Ambry Ð on the interpretation of Articles 59 and 73(b) of
the EC Treaty, of Council Directive 73/183/EEC of 28 June
                                                                                     (Language of the case: Italian)
1973 on the abolition of restrictions on freedom of
establishment and freedom to provide services in respect
of self-employed activities of banks and other financial
institutions (OJ L 194, 16.7.1973, p. 1) and of Second
Council Directive 89/646/EEC of 15 December 1989 on                    (Provisional translation; the definitive translation will be
the coordination of laws, regulations and administrative                       published in the European Court Reports)
provisions relating to the taking up and pursuit of the
business of credit institutions and amending Directive
77/780/EEC (OJ L 386, 30.12.1989, p. 1) Ð the Court,
composed of: G. C. Rodríguez Iglesias, President, P. J. G.           In Case C-200/97: reference to the Court under Article 177
Kapteyn, J.-P. Puissochet and G. Hirsch, Presidents of               of the EC Treaty by the Corte Suprema di Cassazione
Chambers, G. F. Mancini, J. C. Moitinho de Almeida, C.               (Italy) for a preliminary ruling in the proceedings pending
Gulmann, H. Ragnemalm (Rapporteur), M. Wathelet, R.                  before that court between Ecotrade Srl and Altiforni e