CELEX: C1999/048/13
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 December 1998 in Case C-250/97 (reference for a preliminary ruling from the Civilret, Hillerød): Dansk Metalarbejderforbund, acting on behalf of John Lauge and Others v. Lønmodtagernes Garantifond (Directive 75/129/EEC - Collective redundancies - Termination of the establishment's operations as the result of a judicial decision)

20.2.1999             EN                    Official Journal of the European Communities                                   C 48/7
G. Hirsch, G. F. Mancini, H. Ragnemalm and R.                          Metalarbejderforbund, acting on behalf of John Lauge and
Schintgen        (Rapporteur),      Judges;     N.      Fennelly,      Others, and Lùnmodtagernes Garantifond Ð on the
Advocate-General; H. A. Rühl, Principal Administrator,                 interpretation of the second subparagraph of Article 3(1)
for the Registrar, has given a judgment on, in which it                and Article 4(4) of Council Directive 75/129/EEC of
held:                                                                  17 February 1975 on the approximation of the laws of the
                                                                       Member States relating to collective redundancies (OJ
                                                                       L 48, 22.2.1975, p. 29), as amended by Directive
Article 49(1)(b)(ii) of Council Regulation (EEC)                       92/56/EEC, (OJ L 245, 26.8.1992, p. 3) Ð the Court
No 1408/71 of 14 June 1971 on the application of social                (Sixth Chamber), composed of: G. Hirsch, President of the
security schemes to employed persons, to self-employed                 Second Chamber, acting as President of the Sixth
persons and to members of their families moving within                 Chamber, G. F. Mancini, J. L. Murray, H. Ragnemalm
the Community, in the version amended and updated by                   (Rapporteur) and K. M. Ioannou, Judges; G. Cosmas,
Regulation (EEC) No 2001/83, and Article 49(1)(b)(ii) of               Advocate-General; H. von Holstein, Deputy Registrar, for
Regulation (EEC) No 1408/71, in the version resulting                  the Registrar, has given a judgment on 17 December 1998,
from Regulation (EEC) No 2001/83, as amended by                        in which it has ruled:
Regulation (EEC) No 1248/92, and Regulation (EC)
No 3096/95, must be interpreted as requiring the
competent institution, where the person concerned fulfils              The second subparagraph of Article 3(1) of Article 4(4) of
the conditions laid down by one legislation for payment of             Council Directive 75/129/EEC of 17 February 1975 on
an old-age pension, albeit a limited one, without recourse             the approximation of the laws of the Member States
being necessary to periods of insurance or residence                   relating to collective redundancies, as amended by
completed under another legislation whose conditions are               Directive 92/56/EEC, must be interpreted to the effect
not fulfilled, nevertheless to take into account, in                   that the derogations provided for therein do not apply to
accordance with Article 46 of the same regulation, periods             collective redundancies occurring on the same day as that
completed under the latter legislation where, as a result,             on which the employer files a winding-up petition and
an old-age benefit of a higher amount may be awarded up                terminates the undertaking's activities, and the competent
until such time as the conditions laid down under the                  court subsequently, and without any deferment other than
latter legislation are also fulfilled.                                 that resulting from the date which it sets for the hearing,
                                                                       issues a winding-up order pursuant to the winding-up
(1) OJ C 252, 16.8.1997.                                               petition, that order taking effect for a number of purposes
                                                                       from the date on which the petition was filed.
                                                                       (1) OJ C 252, 16.8.1997.
                JUDGMENT OF THE COURT
                        (Sixth Chamber)
                     of 17 December 1998
                                                                                     JUDGMENT OF THE COURT
in Case C-250/97 (reference for a preliminary ruling from
the Civilret, Hillerùd): Dansk Metalarbejderforbund,                                          (Fifth Chamber)
acting on behalf of John Lauge and Others v.                                               of 17 December 1998
                Lùnmodtagernes Garantifond (1)
                                                                       in Case C-306/97 (request for a preliminary ruling from
(Directive 75/129/EEC Ð Collective redundancies Ð                      the High Court): Connemara Machine Turf Co. Ltd v.
Termination of the establishment's operations as the result                                 Coillte Teoranta (1)
                     of a judicial decision)
                                                                       (Public supply contracts Ð Definition of contracting
                         (1999/C 48/13)
                                                                                                  authority)
                                                                                               (1999/C 48/14)
                 (Language of the case: Danish)
                                                                                      (Language of the case: English)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       In Case C-306/97: Reference to the Court under
                                                                       Article 177 of the EC Treaty by the High Court (Ireland)
In Case C-250/97: reference to the Court under Article 177             for a preliminary ruling in the proceedings pending before
of the EC Treaty from the Civilret (Civil Court),                      that court between Connemara Machine Turf Co. Ltd and
Hillerùd (Denmark), for a preliminary ruling in the                    Coillte Teoranta Ð on the interpretation of Article 1 of
proceedings pending before that court between Dansk                    Council Directive 77/62/EEC of 21 December 1976