CELEX: C2004/085/30
Language: en
Date: 2004-04-03 00:00:00
Title: Case C-53/04: Reference for a preliminary ruling by the Tribunale di Genova by order of that Court of 21 January 2004 in the case of Mr Marrosu and Mr Sardino against Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate

3.4.2004               EN                      Official Journal of the European Union                                          C 85/17
Action brought on 9 February 2004 by the Commission of                 Are Article 1 of Directive 1999/70/EC (1) and clauses 1(b) and
the European Communities against the Hellenic Republic                 5 of the framework agreement on fixed-term work concluded
                                                                       by ETUC, UNICE and CEEP and put into effect by that directive
                          (Case C-51/04)                               to be interpreted as precluding provisions of national law (in
                                                                       force before the directive was implemented) which differentiate
                                                                       between employment contracts signed with the public auth-
                          (2004/C 85/29)                               orities and contracts with employers in the private sector
                                                                       by excluding the former from the protection afforded by
                                                                       establishing an employment relationship of indefinite duration
                                                                       in the event of an infringement of binding rules on successive
An action against the Hellenic Republic was brought before             fixed-term contracts?
the Court of Justice of the European Communities on 9 Febru-
ary 2004 by the Commission of the European Communities,
represented by Gregorio Valerio Jordana and Minas Konstanti-           (1) OJ L 175 of 10.7.1999, p. 43.
nidis, of its Legal Service.
The Commission claims that the Court should:
—     declare that, by failing to adopt, or in any event to
      notify to the Commission, the laws, regulations and
      administrative provisions necessary to comply with
      Directive 2000/69/EC (1) of the European Parliament and          Action brought on 10 February 2004 by the Commission
      of the Council of 16 November 2000 relating to limit             of the European Communities against the Republic of
      values for benzene and carbon monoxide in ambient air,                                        Finland
      the Hellenic Republic has failed to fulfil its obligations
      under Article 10 of that directive;                                                        (Case C-56/04)
—     order the Hellenic Republic to pay the costs.
                                                                                                 (2004/C 85/31)
Pleas in law and arguments
                                                                       An action against the Republic of Finland was brought
                                                                       before the Court of Justice of the European Communities on
The period for transposition of the directive into national law        10 February 2004 by the Commission of the European
expired on 13 December 2002.                                           Communities, represented by K. Banks and M. Huttunen,
                                                                       acting as Agents, with an address for service in Luxembourg.
(1) OJ L 313, 13.12.2000, p. 12.
                                                                       The Commission claims that the Court should:
                                                                       1.    Declare that the Republic of Finland has failed to fulfil its
                                                                             obligations under Directive 2001/29/EC of the European
                                                                             Parliament and of the Council of 22 May 2001 on the
                                                                             harmonisation of certain aspects of copyright and related
Reference for a preliminary ruling by the Tribunale di                       rights in the information society (1), since it has not
Genova by order of that Court of 21 January 2004 in the                      brought into force the laws, regulations and administrat-
case of Mr Marrosu and Mr Sardino against Azienda                            ive provisions necessary to comply with the directive, or
Ospedaliera Ospedale San Martino di Genova e Cliniche                        at least has not informed the Commission of them;
                 Universitarie Convenzionate
                                                                       2.    Order Finland to pay the costs.
                          (Case C-53/04)
                          (2004/C 85/30)
                                                                       Pleas in law and main arguments
Reference has been made to the Court of Justice of the                 The period prescribed for transposition of the directive expired
European Communities by order of the Tribunale di Genova               on 22 December 2002.
of 21 January 2004, received at the Court Registry on
10 February 2004, for a preliminary ruling in the case of
                                                                       (1) OJ 2001 L 167, p. 10.
Mr Marrosu and Mr Sardino against Azienda Ospedaliera
Ospedale San Martino di Genova e Cliniche Universitarie
Convenzionate on the following question: