CELEX: C1998/358/14
Language: en
Date: 1998-11-21 00:00:00
Title: Reference for a preliminary ruling by the Tribunal da Comarca Setúbal, Third Civil Chamber, by order of that court of 15 July 1998 in the case of Vitor Manuel Mendes Ferreira and Maria Clara Delgado Correia Ferreira, his spouse, against Companhia de Seguros Mundial Confiança S.A. (Case C-348/98)

C 358/6               EN                  Official Journal of the European Communities                                     21.11.98
C. Gulmann, H. Ragnemalm, M. Wathelet and R.                         Circondariale, Pinerolo (District Magistrate's Court,
Schintgen, Presidents of Chambers, G. F. Mancini, J. C.              Pinerolo), of 3 September 1998, received at the Court on
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                 21 September 1998, for a preliminary ruling in the case of
D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann, L.            Renato Collino and Luisella Chiappero against Telecom
Sevón (Rapporteur) and K. M. Ioannou, Judges; J.                     Italia SpA on the following questions:
Mischo, Advocate-General; R. Grass, Registrar, has made
an order on 23 September 1998, the operative part of
which is as follows:                                                 (A)    Does Article 1 of Directive 77/187/EEC (1) apply to
                                                                            the transfer for value, authorised by law
                                                                            promulgated by the State and implemented by
Consideration of the question referred has not disclosed                    ministerial decree, of an undertaking managed by a
any factor of such a kind as to affect the validity of                      public entity which is a direct emanation of the
Article 5 of Commission Regulation (EC) No 3477/93 of                       State to a private company formed by another
17 December 1993 concerning the agricultural conversion                     public entity which holds all its shares, where the
rates to be applied in the tobacco sector.                                  activity transferred is assigned to the private
                                                                            company under the administrative licence system?
(1) OJ C 354, 23.11.1996.
                                                                     and if so
                                                                     (B1) Does Article 3(1) of Directive 77/187/EEC require it
                                                                            to be held that the continuation of the employment
Reference for a preliminary ruling by the Finanzgericht                     relationship with the transferor is mandatory, with
Düsseldorf by order of that court of 14 September 1998 in                   the result that the worker's length of service
  the case of Peacock AG against Hauptzollamt Paderborn                     continues to be computed as from the date on which
                                                                            he was taken on by the transferor and he continues
                       (Case C-339/98)
                                                                            to be entitled to payment of a lump sum by way of
                         (98/C 358/12)                                      severance pay which treats as a single unit the time
                                                                            spent by him in the transferor and transferee's
                                                                            employment?
Reference has been made to the Court of Justice of the
European Communities by order of the Finanzgericht
Düsseldorf (Finance Court, Düsseldorf) of 14 September               (B2) On a proper construction of Article 3(1), do the
1998, received at the Court Registry on 17 September                        worker's rights' transferred to the transferee in any
1998, for a preliminary ruling in the case of Peacock AG                    event include the advantages acquired by him while
against Hauptzollamt Paderborn on the following                             employed by the transferor, such as length of service
question:                                                                   if, under the system of collective bargaining
                                                                            applicable in the transferee's business, length of
                                                                            service entails the acquisition of rights of a financial
Is Note 5B to Chapter 84 of the combined nomenclature                       nature?
in the version which was in force from 1990 to 1995 to be
interpreted as meaning that the transmission of data using
                                                                     (1) OJ L 61, 5.3.1977, p. 26.
the network cards (1) described in more detail in the
grounds of this order is not to be regarded as a specific
function but as data processing, so that the network cards
are to be classified under heading 8473?
(1) In particular Microdyne Corporation's NE2000 and NE5500
    Ethernet Network Adapter Cards.                                  Reference for a preliminary ruling by the Tribunal da
                                                                     Comarca SetuÂbal, Third Civil Chamber, by order of that
                                                                     court of 15 July 1998 in the case of Vitor Manuel Mendes
                                                                     Ferreira and Maria Clara Delgado Correia Ferreira, his
                                                                     spouse, against Companhia de Seguros Mundial ConfiancËa
                                                                                                   S.A.
Reference for a preliminary ruling from the Pretura                                          (Case C-348/98)
Circondariale, Pinerolo (Italy), by order of that court of
3 September 1998 in the case of Renato Collino and                                            (98/C 358/14)
        Luisella Chiappero against Telecom Italia SpA
                       (Case C-343/98)
                                                                     Reference has been made to the Court of Justice of the
                         (98/C 358/13)                               European Communities by order of the Tribunal da
                                                                     Comarca (District Court), SetuÂbal, Third Civil Chamber,
                                                                     of 15 July 1998, received at the Court Registry on
Reference has been made to the Court of Justice of                   24 September 1998, for a preliminary ruling in the case of
the European Communities by order of the Pretura                     Vitor Manuel Mendes Ferreira and Maria Clara Delgado
 ---pagebreak--- 21.11.98              EN                Official Journal of the European Communities                                 C 358/7
Correia Ferreira, his spouse, against Companhia de                 Reference for a preliminary ruling by the Diikitiko
Seguros Mundial ConfiancËa S.A. on the following                   Protodikio, Piraeus (Fourth Chamber (Three Judges)), by
questions:                                                         judgment of that court of 29 May 1998 in the case of
                                                                           Henkel Hellas ABEE against the Greek State
1. Does Article 3 of Council Directive 84/5/EEC (1)                                       (Case C-350/98)
    require compulsory insurance against civil liability in
    respect of the use of motor vehicles to cover injury                                   (98/C 358/15)
    caused to the members of the family of the insured
    person or of the driver of the vehicle even where those
    persons are carried free of charge or where only strict
                                                                   Reference has been made to the Court of Justice of the
    civil liability, without negligence, arises, or may the
                                                                   European Communities by judgment of the Diikitiko
    Member State exclude the award of any compensation
                                                                   Protodikio (Administrative Court of First Instance),
    in such cases?
                                                                   Piraeus (Fourth Chamber (Three Judges)), of 29 May
                                                                   1998, received at the Court Registry on 24 September
2. Are the minimum capital sums insured laid down in               1998, for a preliminary ruling in the case of Henkel
    Article 1(2) of Directive 84/5/EEC also applicable to          Hellas ABEE against the Greek State on the following
    situations where strict civil liability, without               questions:
    negligence, arises or may the Member State legislate to
    the effect that, where there is no negligence on the
    part of the driver of the vehicle causing the accident,
                                                                   1. Is the duty charged by the Greek state pursuant to
    the maximum limits of the compensation payable are
                                                                       Article 42(6) of Law 2065/1992 equivalent to the
    to be lower than those limits?
                                                                       capital duty laid down by Article 4 of Council
                                                                       Directive 66/335/EEC (1) as subsequently amended,
3. Must the national court interpret its domestic law so               taking into account that on 1 July 1984 no such
    as to render it compatible with the provisions of a                capital duty existed in Greece?
    directive where the directive has been defectively
    transposed or where pre-existing provisons of
    domestic law remain in force?                                  2. If so, taking account of Greece's special fiscal
                                                                       situation, may the rate of that duty exceed the rate of
4. Is that the case even where that interpretation is                  1 % in the abovementioned directive?
    contrary to the construction generally put on the
    meaning and scope of the provisions of its domestic            (1) OJ L 249, 3.10.1969, p. 25.
    law, or even where that interpretation is consonant
    with the intentions of the national legislature, which
    has nevertheless not succeeded in expressing them in
    the text of the law?
5. And must the national court adopt that interpretation
    conforming to the provisions of the Community
                                                                   Appeal brought on 24 September 1998 by Laboratories
    directive even in a dispute involving only private
                                                                   Pharmaceutiques Bergaderm SA and Jean-Jacques Goupil
    persons?
                                                                   against the judgment delivered on 16 July 1998 by the
                                                                   Third Chamber of the Court of First Instance of the
6. Must the national court adopt an interpretation of its          European Communities in Case T-199/96 between
    domestic law conforming to the provisions of Article 1         Laboratories Pharmaceutiques Bergaderm SA and Jean-
    of Council Directive 90/232/EEC (2) even in the case of        Jacques Goupil and the Commission of the European
    an accident which occurred before the end of the                                        Communities
    period allowed for the Member State to transpose that
                                                                                         (Case C-352/98 P)
    provision into its domestic law?
                                                                                           (98/C 358/16)
7. If it should be concluded that it is not possible to
    interpret domestic law so as to render it consonant
    with the provisions of a directive, does the primacy of
                                                                   An appeal against the judgment delivered on 16 July 1998
    Community law mean that the national court must
                                                                   by the Third Chamber of the Court of First Instance of the
    exclude the application of domestic provisions which
                                                                   European Communities in Case T-199/96 between
    are incompatible with the directive, even in the case of
                                                                   Laboratories Pharmaceutiques Bergaderm SA and Jean-
    a dispute involving only private persons?
                                                                   Jacques Goupil and the Commission of the European
                                                                   Communities was brought before the Court of Justice of
(1) OJ L 8, 11.1.1984, p. 17.                                      the European Communities on 24 September 1998 by
(2) OJ L 129, 19.5.1990, p. 33.                                    Laboratories Pharmaceutiques Bergaderm SA and Jean-
                                                                   Jacques Goupil, represented by Jean-Pierre Spitzer and
                                                                   Yves-Marie Moray, of the Paris Bar.