CELEX: C1996/294/04
Language: en
Date: 1996-10-05 00:00:00
Title: Reference for a preliminary ruling from the Arbeitsgericht Lörrach by order of that court of 28 November 1995 in the case of Horst Ziemann v. Firma Ziemann Sicherheit GmbH and Firma Horst Bohn Sicherheitsdienst (Case C-247/96)

5 . 10. 96            I EN |              Official Journal of the European Communities                                   No C 294/3
     inspectors better training and appropriate national rules           The financial adjustment equal to 10 % of the expenses
     have been issued regarding inspections ( Circular No 4 in           paid to specialized traders and other independent
     GURI ( Official Gazette ) No 74 of 30 March 1993 ). The             warehouses between the start of the year and
     initiatives taken by the Italian Government should result           31 December 1992 is unlawful . The periods taken into
     in fixed-rate deductions at the lowest level permitted ,            account by the European Commission coincide with
     rather than the maximum ( 10% ).                                    transitional periods attributable initially to the transfer
                                                                         of the duties of the Sugar Stabilization Board to the
                                                                         AIMA and then to the cessation of the inspection
— Public storage of cereals, fixed-rate reduction following              activities of the UTIF — offices dealing with
     inquiries : Lit 10 082 336 246                                      manufacturing tax — concerning the production and
                                                                         movement of sugar at the so-called in-plant warehouses
                                                                         of the sugar companies .
    The Italian intervention agency does not have its own
     facilities for storage of the products delivered for that
    purpose and therefore has to rely on the cooperation of              As regards specialized traders, as beneficiaries of
    outside operators in order to implement intervention                 Community payments, a particularly far-reaching and
    measures . That task is entrusted to contractors, subject            strict system has been introduced , involving, inter alia,
    to the limitations of the individual warehouses on the list          heavy penalties merely for delay in sending
    or those authorized by the AIMA, under specific                      accompanying documents to the fraud prevention
    contracts laying down the conditions for provision of                offices . Moreover, in view of the close connection
    the service during the marketing year. In the recent past,           between the expenses paid out and charged to the
    contractors have not always carried out the tasks                    EAGGF budget and the contributions paid by the sugar
    assigned to them properly, to such an extent that serious            traders into the same EAGGF budget, the rejection of the
    management irregularities have been discovered .                     accounts in respect of warehousing is incompatible with
    Therefore , the AIMA is reviewing the rules applicable to            acceptance of the accounts in respect of the
    contractors in order to bring them more into line with               contributions paid by the beneficiaries .
    the Community regulations and the requirements
    indicated from time to time by Commission officials . In
    view of the fact that the Italian intervention agency has
    substantially amended the operating rules for public
    storage of cereals, to take account of the observations
    and comments made by the Commission officials, it is
    considered that the fixed-rate financial adjustment at the       Reference for a preliminary ruling from the Arbeitsgericht
    maximum levels of 10 and 5 % is excessive .                      Lorrach by order of that court of 28 November 1995 in the
                                                                     case of Horst Ziemann v. Firma Ziemann Sicherheit GmbH
                                                                               and Firma Horst Bohn Sicherheitsdienst
— Removal of land from production on multiannual basis :
    Lit 2 169 762 753                                                                        Case C-247/96
                                                                                              ( 96/C 294/04 )
    In the Commission 's opinion, the practice of following
    —r an agricultural practice known as ' aridocoltura ',           Reference has been made to the Court of Justice of the
    based on alternating with the normal production of               European Communities by an order of the Arbeitsgericht
    crops, over cycles of three or four years , periods which        Lorrach ( Labour Court, Lorrach ) of 28 November 1995 ,
    are often shorter than a cultivation year, in which the         which was received at the Court Registry on 19 July 1996 ,
    land is ploughed, sometimes more than once, in order to          for a preliminary ruling in the case of Horst Ziemann v.
    improve its capacity to take in and retain water, thereby        Firma Ziemann Sicherheit GmbH and Firma Horst Bohn
    increasing the reserves available — cannot render the            Sicherheitsdienst on the following questions :
    land eligible for set-aside aid since that very practice
    involved 'technical idle-time'; essentially, it would make
                                                                     1 . Do Article 1(1 ) and Article 4 ( 1 ) of Council Directive
    no sense to pay for non-use of land which in the
                                                                         77/l87/EEC ( 1 ) also apply to the transfer of part of a
    reference year was merely ploughed ( sometimes more
                                                                         business, such as the task of guarding a military
    than once ) but had not been used for any crop . On the
                                                                         installation , where there is no direct legal transfer
    basis of those considerations, a financial adjustment was
                                                                         between        successor     contractors      ( surveillance
    made at the rate of 10 % of the expenditure allowed for
                                                                         undertakings )?
    Sicily in respect of 1992 . However, the practice of
    traditional fallowing has been superseded in recent years
    and in any event since the 1987/1988 year ( the reference       2 . Is that at any rate the case if, on termination of the
    year ) by a different type of fallowing known as ' dressed           contract, the part of the business reverts to the body
    fallowing', involving recourse to cultivated autumn and              awarding the contract, which then immediately enters
    spring crops, for early harvesting, such as leguminous               into a contract for services with a succesor that contains
    forage crops, broad beans , chickpeas, potatoes, etc .               essentially the same standard conditions ?
— Reimbursement of sugar storage expenditure : Lit                   3 . Is there at any rate a transfer of a business within the
    391 281 020                                                          meaning of Article 1 ( 1 ) of Directive 77/187/EEC if
 ---pagebreak--- 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 ,