CELEX: C1997/131/02
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT of 11 March 1997 in Case C-13/95 (reference for a preliminary ruling from the Arbeitsgericht, Bonn): Ayse Süzen v. Zehnacker Gebäudereinigung GmbH Krankenhausservice, Lefarth GmbH, party joined (Safeguarding of employees' rights in the event of transfers of undertakings)

26 . 4 . 97           EN                  Official Journal of the European Communities                                    No C 131 / 1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  families moving within the Community, as amended and
                     of 27 February 1997                              updated by Council Regulation (EEC) No 2001 /83, must
                                                                      be interpreted as meaning that the competent institution
in Case C-59/95 ( reference for a preliminary ruling from             of a Member State is not bound to grant supplementary
the Sozialgericht Nürnberg): Francisco Bastos Moriana                 family benefits to pensioners or orphans residing in
           and Others v. Bundesanstalt fur Arbeit H                   another Member State where the amount of the family
(Social security for migrant workers — Benefits for                   benefits paid by the Member State of residence is lower
     dependent children of pensioners and for orphans)                than that of the benefits provided for by the laws of the
                                                                      first Member State if entitlement to the pension, or to the
                         ( 97/C 131 /01 )                             orphan 's pension, has not been acquired solely by virtue
                                                                      of insurance periods completed in that State.
               (Language of the case: German)
                                                                      (') OJ No C 137, 3 . 6 . 1995 .
                                                                      ( 2 ) OJ No L 230, 22 . 8 . 1983 , p . 6 .
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-59/95 : reference to the Court pursuant to
Article 177 of the EC Treaty from the Sozialgericht
Nürnberg ( Social Court, Nuremberg) ( Germany), for a                                 JUDGMENT OF THE COURT
preliminary ruling in the proceedings pending before that                                      of 11 March 1997
court between Francisco Bastos Moriana,               Cristobal
Aguilera Reyes, Cristobal Gordo Valle, Fernando Romero                in Case C-13/95 (reference for a preliminary ruling from
Ramos, Rosa Moscato and Ana Munoz Abato and                           the Arbeitsgericht, Bonn): Ayşe Süzen v. Zehnacker
Bundesanstalt fur Arbeit — on the interpretation of                   Gebäudereinigung GmbH Krankenhausservice, Lefarth
Articles 77 (2 ) ( b), 78 ( 2 ) ( b) and 79 ( 1 ) of Council                               GmbH, party joined H
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed                    (Safeguarding of employees ' rights in the event of transfers
                                                                                                 of undertakings)
persons, to self employed persons and to members of their
families moving within the Community, as amended and                                              ( 97/C 131/02 )
updated by Council Regulation ( EEC ) No 2001/83 (2 ) —
the Court, composed of: G. C. Rodriguez Iglesias,
President, J. C. Moitinho de Almeida, J. L. Murray and L.                             (Language of the case: German)
Sevón ( Presidents of Chambers), P. J. G. Kapteyn, C.
Gulmann ( Rapporteur), D. A. O. Edward, J. -P. Puissochet,
G. Hirsch, P. Jann and M. Wathelet, Judges; N. Fennelly,                 (Provisional translation; the definitive translation will be
Advocate-General; H. A. Rühl, Principal Administrator,                           published in the European Court Reports)
for the Registrar, has given a judgment on 27 February
1997, in which it has ruled:
                                                                      In Case C- 13/95 : reference to the Court pursuant to
                                                                      Article 177 of the EC Treaty from the Arbeitsgericht
Articles 77 (2) (b) (i) and 78 (2) (b) (i) of Council                 ( Labour Court), Bonn, for a preliminary ruling in the
Regulation (EEC) No 1408/71 of 14 June 1971 on the                    proceedings pending before that court between Ayşe Süzen
application of social security schemes to employed                    and Zehnacker Gebäudereinigung GmbH Krankenhaus­
persons, to self-employed persons and to members of their             service, Lefarth GmbH, party joined — on the
 ---pagebreak--- No C 131 /2                 EN                 Official Journal of the European Communities                                      26 . 4 . 97
interpretation of Council Directive 77/187/EEC of                         with an address for service in Luxembourg at the
14 February 1977 on the approximation of the laws of the                  Chambers of Aloyse May, 31 Grand-rue — the Court,
Member States relating to the safeguarding of employees '                 composed of: G. C. Rodriguez Iglesias, President, G. F.
rights in the event of transfers of undertakings, businesses              Mancini, J. C. Moitinho de Almeida and J. L. Murray
or parts of businesses ( 2 ) — the Court, composed of: G. C.              ( Presidents of Chambers ), P. J. G. Kapteyn, C. Gulmann,
Rodriguez Iglesias, President, J. C. Moitinho de Almeida,                 D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P. Jann
J. L. Murray and L. Sevón ( Presidents of Chambers ),                     ( Rapporteur ) and M. Wathelet, Judges; C. O. Lenz,
P. J. G. Kapteyn, C. Gulmann, D. A. O. Edward, J. -P.                     Advocate-General; R. Grass, Registrar, has given a
Puissochet ( Rapporteur), G. Hirsch, P. Jann and H.                       judgment on 11 March 1997, in which it:
Ragnemalm, Judges; A. La Pergola, Advocate-General; D.
Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 11 March 1997, in                      1 . Dismisses the appeal.
which it has ruled :
                                                                          2 . Orders the Commission to pay the costs.
Article 1 (1 ) of Council Directive 77/187/EEC of
 14 February 1977 on the approximation of the laws of the                 C ) OJ No C 248 , 23 . 9 . 1995 , p . 10 .
Member States relating to the safeguarding of employees '
rights in the event of transfers of undertakings, businesses
or parts of businesses is to be interpreted as meaning that
the Directive does not apply to a situation in which a
person who had entrusted the cleaning of his premises to a
first undertaking terminates his contract with the latter
and, for the performance of similar work, enters into a                                   JUDGMENT OF THE COURT
new contract with a second undertaking, if there is no                                            of 11 March 1997
 concomitant transfer from one undertaking to the other of
significant tangible or intangible assets or taking over by               in Case C-357/95 P: Empresa Nacional de Urânio SA
 the new employer of a major part of the workforce, in                        (ENU ) v. Commission of the European Communities (')
 terms of their numbers and skills, assigned by his                        (Appeal — EAEC — Supply — Right of option and
predecessor to the performance of the contract.                            exclusive right of the Euratom Supply Agency to conclude
                                                                           contracts for the supply of ores, source materials and
 (') OJ No C 54, 4 . 3 . 1995 , p . 12 .                                   special fissile materials — Infringement of the rules of the
 ( 2 ) OJ No L 61 , 5 . 3 . 1977, p . 26 .                                 Treaty — Community preference — Principles of good
                                                                           faith and legitimate expectations — Non-contractual
                                                                                                          liability)
                                                                                                      ( 97/C 131/04 )
                  JUDGMENT OF THE COURT                                                  (Language of the case: Portuguese)
                             of 11 March 1997
 in Case C-264/95 P: Commission of the European                               (Provisional translation; the definitive translation will be
 Communities v. Union Internationale des chemins de fer                              published in the European Court Reports)
                                   (UIC) n
  (Appeal — Competition — Transport by rail — Legal                        In Case C-357/95 P: Empresa Nacional de Urânio SA
    basis for a decision — Regulation No 1017/68 — Scope)                   (ENU), a company incorporated under Portuguese law,
                               ( 97/C 131 /03                              established at Urgeiriça, Nelas (Portugal ), represented by
                                                                           João Mota de Campos and João Luis dos Reis Mota de
                                                                            Campos, of the Lisbon Bar, with an address for service in
                   (Language of the case: French)                           Luxembourg at the office of Joaquim Calvo Basáran,
                                                                            34 boulevard Ernest Feltgen — appeal against the
                                                                            judgment of the Court of First Instance ( Second Chamber,
      (Provisional translation; the definitive translation will be
                                                                            Extended Composition) of 15 September 1995 in Joined
             published in the European Court Reports)                       Cases T-458/93 and T-523/93 ENU v. Commission [ 19951
                                                                            ECR 11-2459 , seeking to have that judgment set aside, the
  In Case C-264/95 P: Commission of the European                            other party to the proceedings being: Commission of the
  Communities (Agent: Giuliano Marenco ) — appeal                           European Communities ( Agents : Antonio Caeiro and
  against the judgment of the Court of First Instance (Third                Jürgen Grunwald ) — the Court, composed of: G. C.
  Chamber, Extended Composition ) of 6 June 1995 in Case                    Rodriguez Iglesias, President, G. F. Mancini, J. L. Murray
  T- 14/93     Union internationale        des chemins    de  fer v.        and L. Sevón ( Presidents of Chambers ), C. N. Kakouris,
  Commission [ 1995] ECR 11-1503 , seeking to have that                     D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann, H.
  judgment set aside, the other party to the proceedings                    Ragnemalm and M. Wathelet ( Rapporteur ), Judges; N.
  being: Union internationale des chemins de fer (UIC ), an                 Fennelly, Advocate-General; H. A. Rühl, Principal
  association of railway companies, having its head office in               Administrator, for the Registrar, has given a judgment on
  Paris, represented by Chantal Momége, of the Paris Bar,                    11 March 1997, in which it: