CELEX: C1996/294/05
Language: en
Date: 1996-10-05 00:00:00
Title: Reference for a preliminary ruling from the Tribunale Civile e Penale, Brescia, by order of that court of 12 April 1996, in the criminal proceedings pending before it against Riccardo Piccaluga (Case C-250/96)

No C 294/4              EN                   Official Journal of the European Communities                                        5 . 10 . 96
    essentially the same employees continue to perform the              Are Presidential Decree No 915 of 10 September 1982 ( )
    same surveillance duties on essentially the same terms ,            and current Italian legislation in general relating to waste
    which are determined to a large extent by the body                  and secondary raw materials compatible with Directive
    awarding the contract ?                                             91 / 156/EEC of 18 March 1991 ( 2 )?
(') OJ No L 61 , 5 . 3 . 1977, p . 26 .                                 (') Erroneously given as 1992 in the order for reference .
                                                                        ( 2 ) OJ No L 78 , 1991 , p. 32 .
Reference for a preliminary ruling from the Tribunale Civile
e Penale, Brescia, by order of that court of 12 April 1996, in          References for a preliminary ruling from the
                                                                        Landesarbeitsgericht Hamm by orders of that court of 9 July
the criminal proceedings pending before it against Riccardo
                                Piccaluga                               1996 in the cases of Helmut Kampelmann v.
                                                                        Landschaftsverband Westfalen-Lippe ( C-253/96 ), Wilfried
                         ( Case C-250/96                                Tilsch v. Landschaftsverband Westfalen-Lippe ( C-254/96 ),
                            ( 96/C 294/05 )                             Dieter Klingelhöfer v. Landschaftsverband Westfalen-Lippe
                                                                        ( C-255/96 ), Heinrich Schmidt v. Landschaftsverband
Reference has been made to the Court of Justice of the                  Westfalen-Lippe ( C-256/96 ), Stadtwerke Witten GmbH v.
European Communities by an order of the Tribunale Civile                Andreas Schade ( C-257/96 ) and Klaus Haseley v.
e Penale ( Civil and Criminal District Court), Brescia , of                            Stadtwerke Altena GmbH ( C-258/96 )
12 April 1996 , which was received at the Court Registry on                               ( Cases C-253/96 to C-258/96 )
22 July 1996 , for a preliminary ruling in the criminal
                                                                                                     ( 96/C 294/07
proceedings pending before it against Riccardo Piccaluga on
the following questions :
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by orders of the Fourth Chamber of
1 . May the provisions of Italian law concerning                        the Landesarbeitsgericht ( Higher Labour Court ) Hamm of
    employment procurement and temporary work be                        9 July 1996 , which were received at the Court Registry on
    regarded as covered by the exercise of official authority           23 July 1996 , for a preliminary ruling in the cases of Helmut
    within the meaning of Article 66 in conjunction with                Kampelmann , Wilfried Tilsch , Dieter Klingelhöfer and
    Article 55 of the Treaty, in the light of their public-law
                                                                        Heinrich Schmidt v. Landesverband Westfalen-Lippe,
    character, inasmuch as they are intended to protect                 Stadtwerke Witten GmbH v. Andreas Schade and Klaus
    workers and the national economy ?
                                                                        Haseley v. Stadtwerke Altena GmbH for a preliminary
                                                                        ruling on the following questions :
2 . In the absence of specific implementing provisions , may
    the aforesaid provisions be regarded as directly                     1 . In view of the objective , stated in the preamble to
     applicable ( thereby undermining the public-law                           Council Directive 91 /533/EEC on an employer's
     objectives pursued by the Italian laws in force relating to              obligation to inform employees of the conditions
     employment procurement and temporary work ) and do                        applicable to the contract or employment
     they permit any person , whether public or private, to act               relationship ( J ), of 'providing employees with improved
     as an intermediary between persons seeking and persons                   protection against possible infringements of their rights
     offering employment and/or temporary work, without                        and to create greater transparency on the labour
     any specific control or authorization , where the                         market', is it the purpose of Article 2 of the said
     Member State is unable to satisfy fully the demand for                    Directive to modify ( in the employee 's favour ) the
     services on the labour market using its own                               burden of proof in that the list of minimum
     administrative machinery ?                                                requirements in Article 2 ( 2 ) of Directive 91 /533/EEC is
                                                                               intended to ensure that the employee does not encounter
                                                                               difficulties of proof regarding the listed points when
                                                                               enforcing his contractual rights in employment-law
                                                                               disputes ?
Reference for a preliminary ruling by the Pretura
Circondariale, Rovigo ( Sezione Distaccata de Adria ), by                2 . If the answer to Question 1 is in the affirmative : has
 order of that court of 13 July 1993 in criminal proceedings                   Article 2 ( 2 ) (c ) ( ii ) of Directive 91 /533/EEC been
                   against Giuseppe Cordelia                                   directly applicable since 1 July 1993 against the State
                          ( Case C-251 /96 )                                   acting as an employer in private law because :
                             ( 96/C 294/06 )                                   — the Federal Republic of Germany did not
                                                                                   ( completely ) implement Directive 91 /533/EEC by
 Reference has been made to the Court of Justice of the                            30 June 1993 , the expiry date of the period for
 European Communities by order of the Pretura                                      implementation ,
 Circondariale ( District Magistrate 's Court ), Rovigo ( Adria
 Division ), of 13 July 1 993 , which was received at the Court                — the abovementioned provision of the Directive is
 Registry on 22 July 1996 , for a preliminary ruling in                            unconditional and can therefore be incorporated in
 criminal proceedings pending before it against Giuseppe                           national law without any further implementing
 Cordelia on the following question :                                               act ,