CELEX: C2001/173/02
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 25 January 2001 in Case C-172/99 (reference for a preliminary ruling from the Korkein oikeus): Oy Liikenne Ab v Pekka Liskojärvi, Pentti Juntunen (Directive 77/187/EEC — Safeguarding of employees' rights in the event of transfers of undertakings — Directive 92/50/EEC — Public service contracts — Non-maritime public transport services)

C 173/2                  EN                      Official Journal of the European Communities                                          16.6.2001
                  JUDGMENT OF THE COURT                                                92/50, a non-maritime public transport service — such
                                                                                       as the operation of scheduled local bus routes — by a
                                                                                       legal person governed by public law;
                          (Sixth Chamber)
                                                                                  —    in a situation such as that in the main proceedings,
                         of 25 January 2001                                            Directive 77/187 does not apply where there is no
                                                                                       transfer of significant tangible assets between those two
                                                                                       undertakings.
in Case C-172/99 (reference for a preliminary ruling from
the Korkein oikeus): Oy Liikenne Ab v Pekka Liskojärvi,
                         Pentti Juntunen (1)                                (1) OJ C 281 of 2.10.1999.
(Directive 77/187/EEC — Safeguarding of employees’ rights
in the event of transfers of undertakings — Directive
92/50/EEC — Public service contracts — Non-maritime
                      public transport services)
                           (2001/C 173/02)                                                   JUDGMENT OF THE COURT
                                                                                                    of 30 January 2001
                    (Language of the case: Finnish)
                                                                            in Case C-36/98: Kingdom of Spain v Council of the
                                                                            European Union, supported by French Republic, by Portu-
(Provisional translation; the definitive translation will be published      guese Republic, by Republic of Finland, and by Com-
                    in the European Court Reports)                                    mission of the European Communities (1)
In Case C-172/99: reference to the Court under Article 177 of               (Legal basis — Environment — Council decision approving
the EC Treaty (now Article 234 EC) from the Korkein oikeus                  the Convention on cooperation for the protection and sus-
(Supreme Court), Finland, for a preliminary ruling in the                   tainable use of the river Danube — Article 130s(l) and (2)
proceedings pending before that court between Oy Liikenne                   of the EC Treaty (now, after amendment, Article 175(1) and
Ab and Pekka Liskojärvi, Pentti Juntunen — on the interpret-                   (2) EC) — Concept of ’management of water resources’)
ation of Article 1(1) of Council Directive 77/187/EEC of
14 February 1977 on the approximation of the laws of the                                              (2001/C 173/03)
Member States relating to the safeguarding of employees’
rights in the event of transfers of undertakings, businesses or
parts of businesses (OJ 1977 L 61, p. 26) — the Court                                          (Language of the case: Spanish)
(Sixth Chamber), composed of: C. Gulmann, President of the
Chamber, V. Skouris, J.-P. Puissochet (Rapporteur),
R. Schintgen and N. Colneric, Judges; P. Léger, Advocate                    (Provisional translation; the definitive translation will be published
General; H. von Holstein, Deputy Registrar, has given a                                        in the European Court Reports)
judgment on 25 January 2001, in which it has ruled:
                                                                            In Case C-36/98: Kingdom of Spain (Agent: S. Ortiz Vaamonde)
1.    The taking over by an undertaking of non-maritime public              v Council of the European Union (Agents: G. Houttuin and
      transport activities — such as the operation of scheduled local       D. Canga Fano), supported by French Republic (Agents:
      bus routes — previously operated by another undertaking,              K. Rispal-Bellanger and R. Nadal), by Portuguese Republic
      following a procedure for the award of a public service contract      (Agents: L. Fernandes, M. Telles Romão and P. Canelas de
      under Council Directive 92/50/EEC of 18 June 1992 relating            Castro), by Republic of Finland (Agents: H. Rotkirch and
      to the coordination of procedures for the award of public service     T. Pyrind), and by Commission of the European Communities
      contracts, may fall within the material scope of Council Directive    (Agents: R. Gosalbo Bono and F. de Sousa Fialho) — appli-
      77/187/EEC of 14 February 1977 on the approximation of                cation for annulment of Council Decision 97/825/EC of
      the laws of the Member States relating to the safeguarding of         24 November 1997 concerning the conclusion of the Conven-
      employees’ rights in the event of transfers of undertakings,          tion on cooperation for the protection and sustainable use of
      businesses or parts of businesses, as set out in Article 1(1) of      the river Danube (OJ 1997 L 342, p. 18) — the Court,
      that directive.                                                       composed of: G.C. Rodrı́guez Iglesias, President, C. Gulmann,
                                                                            A. La Pergola, M. Wathelet, V. Skouris (Presidents of Cham-
2.    Article 1(1) of Directive 77/187 must be interpreted as               bers), D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón
      meaning that                                                          (Rapporteur), R. Schintgen and F. Macken, Judges; P. Léger,
                                                                            Advocate General; D. Louterman-Hubeau, Head of Division,
      —     that directive may apply where there is no direct contrac-      for the Registrar, has given a judgment on 30 January 2001,
            tual link between two undertakings which are successively       in which it:
            awarded, following procedures for, the award of public
            service contracts conducted in accordance with Directive        1.    Dismisses the action;