CELEX: C1996/046/14
Language: en
Date: 1996-02-17 00:00:00
Title: Reference for a preliminary ruling by the Simvoulio tis Epikratias tis Ellados (Council of State, Greece), by a decision of that court of 7 November 1995 in the case of Sindesmos ton en Elladi Touristikon kai Taxidiotikon Grafion v. Minister of Employment (Case C-398/95)

17 . 2 . 96            EN                   Official Journal of the European Communities                                    No C 46/9
The decision to reject Geotronics' tender on grounds of                answer is in the affirmative, is that rule justified on grounds
origin was undoubtedly taken after the entry into force of             of the general interest in maintaining industrial peace in the
the EEA Agreement. The EEA Agreement applies to all legal              sensitive area of the supply of tourist services, in respect of
situations which arise after its entry into force . Geotronics         which the Greek State, as a country for which tourism is
therefore contends that there is no retroactivity in the               important, has a reasonable and justifiable interest in
present case .                                                         intervening by regulation ?
The scope of the EEA Agreement
The Court of First Instance ruled that the EEA Agreement
cannot apply to the contract at issue since one of the parties
of the Contract, Romania , is not a party to the EEA                   Reference for a preliminary ruling by the Sø- og Handelsret
Agreement. This is a formalistic conclusion which overlooks            by order of that court of 19 December 1995 in the case of
the economic reality of the situation. That reality is that            Handels- og Kontorfunktionærernes Forbund i Danmark,
there is in fact, as a result of the Commission's decision ,           acting on behalf of Helle Elisabeth Larsson, v. Dansk
discrimination between two EEA producers of equivalent                 Handel & Service, acting on behalf of Føtex Supermarked
products . The economic reality of the transaction and the                                                A/S
actions taken in relation thereto should be decisive .                                           ( Case C-400/95 )
                                                                                                    ( 96/C 46/15 )
It is submitted that the present situation falls within the
scope of the EEA Agreement. Geotronics further maintains
that the Commission has discriminated in a manner likely to            Reference has been made to the Court of Justice of the
distort competition between products originating in the EC             European Communities by order of the Sø- og Handelsret
and EFTA states by giving an unfair competitive advantage              ( Maritime and Commercial Court) of 19 December 1995 ,
to the former . Such discrimination hinders the free                   which was received at the Court Registry on 21 December
movement of goods contrary to Articles 8 , 11 and 65 ( 1 ) of          1995 , for a preliminary ruling in the case of Handels- og
the EEA Agreement.                                                     Kontorfunktionærernes Forbund i Danmark (Union of
                                                                       Commercial and Clerical Employees in Denmark ), acting on
                                                                       behalf of Helle Elisabeth Larsson, v. Dansk Handel &
 (•) OJ No C 333 , 9 . 12 . 1995 , p . 33 .                            Service ( Danish Commercial and Service-Industries
                                                                       Association ), acting on behalf of Føtex Supermarked A/S, on
                                                                       the following question:
                                                                       Does Article 5 ( 1 ), in conjunction with Article 2 ( 1 ), of
                                                                       Council Directive 76/207/EEC of 9 February 1976 on the
                                                                       implementation of the principle of equal treatment for men
 Reference for a preliminary ruling by the Simvoulio tis               and women as regards access to employment, vocational
 Epikratias tis Ellados ( Council of State, Greece ), by a             training and promotion, and working conditions ( x ), cover
 decision of that court of 7 November 1995 in the case of              dismissal as a result of absence following the end of
 Sindesmos ton en Elladi Touristikon kai Taxidiotikon                  maternity leave if the absence is attributable to an illness
              Grafion v. Minister of Employment                        which arose during pregnancy and continued during and
                         ( Case C-398/95 )
                                                                        after maternity leave, it being assumed that the dismissal
                                                                        took place after the end of the maternity leave ?
                            ( 96/C 46/14 )
                                                                        (') OJ No L 39 , 14 . 2 . 1976 , p . 40 .
 Reference has been made to the Court of Justice of the
 European Communities by a decision of the Simvoulio tis
 Epikratias tis Ellados of 7 November 1995 , which was
 received at the Court Registry on 18 December 1995 , for a
 preliminary ruling in the case of Sindesmos ton en Elladi
 Touristikon kai Taxidiotikon Grafion (Association of                   Reference for a preliminary ruling from the Rechtbank van
 Tourist and Travel Agencies in Greece ) v. Minister of                 Eerste Aanleg te Brussel, by judgment of that court of
 Employment, supported by the Somatio Diplomatoukhon                    12 December 1995 , in the case of B. R. D. (Bureau RIK
 Xenagon ( Association of Certified Tourist Guides ) and the            DECAN-Business Research & Development ) NV v. Belgian
 Panellinia Omospondia Xenagon ( Panhellenic Federation of                                                State
 Tourist Guides ) on the following question:
                                                                                                   Case C-401 /95 )
 Is the rule in Article 37 of Law No 1545/1985 which, in the                                         ( 96/C 46/ 16 )
 circumstances referred to therein, prescribes a mandatory
  legal form of a relationship of non-independent                       Reference has been made to the Court of Justice of the
  employment between the parties — the legal form under                 European Communities by judgment of the Rechtbank van
  which it is usual for the services of tourist guides to be            Eerste Aanleg te Brussel ( Court of First Instance, Brussels ),
  provided in the circumstances described in that Article —              by judgment of that court of 12 December 1995 , which was
  contrary to Articles 59 et seq. of the EC Treaty ? If the             received at the Court Registry on 21 December 1995 , for a