CELEX: C2001/079/32
Language: en
Date: 2001-03-10 00:00:00
Title: Case C-19/01: Reference for a preliminary ruling by the Tribunale di Pisa — Sezione Lavoro — by order of that court of 19 December 2000 in the case of INPS v Alberto Barsotti and Others

C 79/18                EN                    Official Journal of the European Communities                                       10.3.2001
Reference for a preliminary ruling by the Bundesfinanzh-                ‘Whether Directive 80/987/EEC (1) and the judgments relating
of by order of that court of 30 November 2000 in the                    to it (judgments in Joined Cases C-6/90 and C-9/90 of
     case of Finanzamt Sulingen against Walter Sudholz                  13 November 1991 and Case C-373/95 of 10 July 1997) may
                                                                        be interpreted as meaning that, subject to the ceiling imposed,
                                                                        it is lawful to prohibit aggregation of the compensation
                          (Case C-17/01)                                awarded by the Guarantee Fund and part of the wages paid by
                                                                        the employer in the last three months only as regards the
                          (2001/C 79/31)                                amount exceeding that represented by the level of the indennita
                                                                        di mobilità (job-seeker’s allowance) provided for, ratione
                                                                        temporis, in respect of the same period, in view of the fact that
Reference has been made to the Court of Justice of the                  the said advances appear, like the job seeker’s allowance and
European Communities by order of the Bundesfinanzhof                    up to the same amount, to be intended to cover the primary
(Federal Finance Court) of 30 November 2000, received at the            needs of the dismissed worker.’
Court Registry on 15 January 2001, for a preliminary ruling
in the case of Finanzamt Sulingen against Walter Sudholz on
the following questions:                                                (1) OJ 1980 L 283, p. 23 (Council directive of 20 October 1980).
1.    Is Article 2 of the Council Decision 2000/186/EC (1) of
      28 February 2000 authorising the Federal Republic of
      Germany to apply measures derogating from Articles 6
      and 17 of the Sixth Directive 77/388/EEC on the
      harmonisation of the laws of the Member States relating
      to turnover taxes — common system of value added tax:             Action brought on 18 January 2001 by Kingdom of Spain
      uniform basis of assessment invalid because the procedure             against Commission of the European Communities
      prior to the adoption of the decision did not meet the
      criteria laid down in Article 27 of Directive 77/388/EEC?
                                                                                                 (Case C-22/01)
2.    Is the first paragraph of Article 3 of Decision
      2000/186/EC, under which the decision is to have                                           (2001/C 79/33)
      retroactive effect from 1 April 1999, valid?
                                                                        An action against the Commission of the European Communi-
3.    Does Article 2 of Decision 2000/186/EC meet the                   ties was brought before the Court of Justice of the European
      substantive requirements to be applied to such an author-         Communities on 18 January 2001 by the Kingdom of Spain,
      isation, and do any objections to the validity of that            represented by Rosario Silva de Lapuerta, acting as Agent, with
      provision arise as a consequence?                                 an address for service in Luxembourg.
                                                                        The applicant claims that the Court should:
( 1) OJ L 59 of 4.3.2000, p. 12.
                                                                        —     annul the point relating to anchovies referred to in note
                                                                              (2) to the item relating to stocks of ‘Anchovy; Zone: IX,
                                                                              X, CECAF 34.1.1’ contained in Annex Id to Council
                                                                              Regulation (EC) No 2848/2000 (1) of 15 December 2000
                                                                              fixing for 2001 the fishing opportunities and associated
                                                                              conditions for certain fish stocks and groups of fish
                                                                              stocks, applicable in Community waters and, for Com-
                                                                              munity vessels, in waters where limitations in catch are
                                                                              required; and
Reference for a preliminary ruling by the Tribunale di
Pisa — Sezione Lavoro — by order of that court of                       —     order the defendant institution to pay the costs.
19 December 2000 in the case of INPS v Alberto Barsotti
                             and Others
                                                                        Pleas in law and main arguments
                          (Case C-19/01)
                                                                        The pleas in law and main arguments are similar to those put
                                                                        forward in Case C-81/00 (2) except in so far as concerns the
                          (2001/C 79/32)                                TAC for anchovy fixed by the Council in Zone VIII which for
                                                                        2001 is of 33 000 metric tonnes.
Reference has been made to the Court of Justice of the
European Communities by an order of the Labour Division of              (1) OJ 2000 L 334, p. 1.
the Tribunale di Pisa (District Court, Pisa) of 19 December             (2) OJ 2000 C 176, p. 4.
2000, which was received at the Court Registry on 15 January
2001, for a preliminary ruling in the case of INPS v Alberto
Barsotti and Others, on the following question: