CELEX: C1996/180/02
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 7 March 1996 in Case C-118/94 (Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto): Associazione Italiana per il World Wildlife Fund and Others v. Regione Veneto (Council Directive 79/409/EEC on the conservation of wild birds - Hunting - Conditions for exercise of the Member States' power to derogate)

22 . 6 . 96           EN                  Official Journal of the European Communities                                 No C 180/ 1
                                                                  I
                                                           (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
            OPINION 2/94 OF THE COURT                                              JUDGMENT OF THE COURT
                      of 28 March 1996                                                       ( Fifth Chamber )
(Accession by the Community to the Convention for the                                       of 7 March 1996
Protection of Human Rights and Fundamental Freedoms)                 in Case C-118/94 ( Reference for a preliminary ruling from
                          ( 96/C 180/01 )                            the Tribunale Amministrativo Regionale per il Veneto ):
                                                                     Associazione Italiana per il World Wildlife Fund and Others
                                                                                          v. Regione Veneto (')
The Court of Justice has received a request for an opinion,          (Council Directive 79/409/EEC on the conservation of wild
lodged at the Registry of the Court on 26 April 1 994 ( 1 ),         birds — Hunting — Conditions for exercise of the Member
from the Council of the European Union pursuant to                                     States ' power to derogate)
Article 228 ( 6 ) of the EC Treaty on the following                                            ( 96/C 180/02 )
question :
                                                                                     (Language of tbe case: Italian)
'Would the accession of the European Community to the
Convention for the Protection of Human Rights and                    (Provisional translation; the definitive translation will be
Fundamental Freedoms of 4 November 1950 be compatible                        published in the European Court Reports)
with the Treaty establishing the European Community ?'
                                                                     In Case C-118 /94 : reference to the Court under Article 177
The Court composed of G. C. Rodriguez Iglesias, President,           of the EC Treaty by the Tribunale Amministrativo
C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet and G.            Regionale per il Veneto ( Regional Administrative Court for
Hirsch, Presidents of Chambers, G. F. Mancini, F. A.                 the Veneto Region, Italy ) for a preliminary ruling in the
Schockweiler ( Rapporteur ), J. C. Moitinho de Almeida , P. J.       proceedings pending before that court between
G. Kapteyn, C. Gulmann, J. L. Murray, P. Jann, H.                    Associazione Italiana per il World Wildlife Fund, Ente
Ragnemalm, L. Sevón and M. Wathelet, Judges, after                   Nazionale per le Protezione Animali , Lega per l'Ambiente —
hearing the views of First Advocate-General Tesauro and              Comitato Regionale, Lega Anti Vivisezione — Delegazione
Advocates-General Lenz, Jacobs, La Pergola, Cosmas,                  Regionale, Lega per l'Abolizione della Caccia, Federnatura
Léger, Elmer, Fennelly and Ruiz-Jarobo Colomer, gave the             Veneto , Italia Nostra — Sezione di Venezia and the Regione
following opinion :                                                  Veneto on the interpretation of Article 9 of Council
                                                                     Directive 79/409/EEC of 2 April 1979 on the conservation
                                                                     of wild birds ( OJ No L 103 , 1979 , p . 1 ), the Court ( Fifth
As Community law now stands, the Community has no                    Chamber ), composed of D. A. O. Edward , President of the
competence to accede to the European Convention for the              Chamber, J. -P. Puissochet, J. C. Moitinho de Almeida , C.
Protection of Human Rights and Fundamental Freedoms.                 Gulmann ( Rapporteur ) and P. Jann, Judges; N. Fennelly,
                                                                     Advocate-General ; L. Hewlett, Administrator, for the
                                                                     Registrar, has given a judgment on 7 March 1 996 in which it
(') OJ No C 174 , 25 . 6 . 1994 .                                    ruled that :
                                                                     Article 9 of Council Directive 79/409/EEC of 2 April 1979
                                                                     on the conservation of wild birds is to be interpreted as
 ---pagebreak---  No C 180/2            EN                  Official Journal of the European Communities                                      22 . 6 . 96
 meaning that it authorizes the Member States to derogate             2 . Article 3 (1 ) of Directive 77/1 87/EEC does not preclude
 from the general prohibition on hunting protected species                 an employee employed by the transferor at the date of
 laid down by Articles 5 and 7 of the Directive only by                    the transfer of an undertaking from objecting to the
 measures which refer in sufficient detail to the factors                  transfer to the transferee of the contract of employment
 mentioned in Article 9 ( 1 ) and (2).                                     or the emplyoment relationship. In such a case, it is for
                                                                           the Member States to determine what the fate of the
                                                                           contract of employment or employment relationship
 (') OJ No C 174 , 25 . 6 . 1994 .
                                                                           with the transferor should be. However, where the
                                                                           contract ofemployment or the employment relationship
                                                                           is terminated on account of a change in the level of
                                                                           remuneration awarded to the employee, Article 4 (2) of
                                                                           the Directive requires the Member States to provide that
                                                                           the employer is to be regarded as having been
                                                                           responsible for the termination.
                JUDGMENT OF THE COURT
                        ( Sixth Chamber )                             (•) OJ No C 233 , 20 . 8 . 1994 .
                        of 7 March 1996
in Joined Cases C-171/94 and C-172/94 ( references for a
preliminary ruling from the Cour du Travail, Brussels ):
Albert Merckx and Patrick Neuhuys v. Ford Motor
                    Company Belgium SA (')
 (Safeguarding of employees ' rights in the event of transfers
 of undertakings, businesses or parts of businesses —                                JUDGMENT OF THE COURT
      Concept of a transfer — Transfer of a dealership)                                       ( Sixth Chamber)
                           ( 96/C 180/03 )                                                   of 7 March 1996
                                                                      in Case C-192/94 ( reference for a preliminary ruling from
                 (Language of the case: French)                       the Juzgado de Primera Instancia N° 10 de Sevilla ): El Corte
                                                                                 Inglés SA v. Cristina Blázquez Rivero ( ] )
                                                                      (Direct effect of unimplemented Directive — Council
 (Provisional translation; the definitive translation will be             Directive 87/102/EEC concerning consumer credit)
           published in the European Court Reports)
                                                                                                ( 96/C 180/04 )
In Joined Cases C-171 /94 and C-172/94 : references to the
Court under Article 177 of the EC Treaty from the Cour du                             (Language of the case: Spanish)
Travail ( Higher Labour Court ), Brussels, for a preliminary
ruling in the proceedings pending before that court between           (Provisional translation; the definitive translation will be
Albert Merckx ( C-171 /94 ), Patrick Neuhuys ( C-172/94 )                      published in the European Court Reports)
and Ford Motor Company Belgium SA — on the
interpretation of Council Directive 77/ 1 87/EEC of
 14 February 1977 on the approximation of the laws of the            In Case C- 1 92/94 : reference to the Court under Article 177
Member States relating to the safeguarding of employees'             of the EC Treaty from the Juzgado de Primera Instancia
rights in the event of transfers of undertakings, businesses or      N° 10 ( Court of First Instance No 10 ), Seville ( Spain ), for a
parts of businesses ( OJ No L 61 , 1977, p . 26 ) — the Court        preliminary ruling in the proceedings pending before that
( Sixth Chamber ), composed of C. N. Kakouris, President of          court between El Corte Inglés SA and Cristina Blâzquez
the Chamber, G. F. Mancini ( Rapporteur ), F. A.                     Rivero — on the interpretation of Article 129a of the EC
Schockweiler, P. J. G. Kapteyn and H. Ragnemalm, Judges;             Treaty and Article 11 of Council Directive 87/ 102/EEC of
C. O. Lenz, Advocate-General; D. Louterman-Hubeau ,                  22 December 1986 for the approximation of the laws,
Principal Administrator, for the Registrar, has given a              regulations and administrative provisions of the Member
judgment on 7 March 1996 , in which it rules :                       States concerning consumer credit ( OJ No L 42 , 1987, p . 48 )
                                                                     — the Court ( Sixth Chamber ), composed of C. N. Kakouris,
                                                                     President of the Chamber, G. Hirsch ( Rapporteur ), P. J. G.
1 . Article 1 ( 1 ) of Council Directive 77/187/EEC of               Kapteyn, J. L. Murray and H. Ragnemalm, Judges; C. O.
      7 4 February 1977 on the approximation of the laws of          Lenz, Advocate-General; R. Grass, Registrar, has given a
     the Member States relating to the safeguarding of               judgment on 7 March 1996 , in which it rules :
     employees ' rights in the event of transfers of
     undertakings, businesses or parts of businesses must be
     interpreted as applying where an undertaking holding a          In the absence of measures implementing Council Directive
     motor vehicle dealership for a particular territory             87/102/EEC of 22 December 1986 for the approximation
     discontinues its activities and the dealership is then          of the laws, regulations and administrative provisions of the
     transferred to another undertaking which takes on part          Member States concerning consumer credit within the
     of the staff and is recommended to customers, without           prescribed period, a consumer may not, even in view of
     any transfer of assets.                                         Article 129a of the EC Treaty, base a right of action on the