CELEX: C2004/021/32
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-478/03: Reference for a preliminary ruling by the House of Lords by order of that court dated 10 November 2003, in the case of Celtec Ltd against Astley and others

24.1.2004                EN                        Official Journal of the European Union                                             C 21/17
Action brought on 17 November 2003 by the Com-                             Reference for a preliminary ruling by the House of Lords
mission of the European Communities against the Federal                    by order of that court dated 10 November 2003, in the
                        Republic of Germany                                          case of Celtec Ltd against Astley and others
                           (Case C-477/03)                                                          (Case C-478/03)
                            (2004/C 21/31)                                                           (2004/C 21/32)
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-               Reference has been made to the Court of Justice of the
ties on 17 November 2003 by the Commission of the                          European Communities by an order of the House of Lords
European Communities, represented by Claudia Schmidt and                   dated 10 November 2003, which was received at the Court
Wouter Wils, with an address for service in Luxembourg.                    Registry on 17 November 2003, for a preliminary ruling in
                                                                           the case of Celtec Ltd and Astley and others on the following
                                                                           questions:
The applicant claims that the Court should:
                                                                           1.    Are the words ‘the transferor’s rights and obligations
1.    Declare that by failing to adopt the laws, regulations                     arising from a contract of employment or from an
      and administrative provisions necessary to comply with                     employment relationship existing on the date of a
      Directive 2001/12/EC of the European Parliament and of                     transfer’ in Article 3(1) of Council Directive 77/187/EEC
      the Council of 26 February 2001 amending Council                           of 14 February 1977 on the approximation ofthe laws
      Directive 91/440/EEC on the development of the Com-                        of the Member States relating to the safeguarding of
      munity’s railways (1), or by failing to inform the Com-                    employees’ rights in the event of transfers of undertakings,
      mission thereof, the Federal Republic of Germany has                       businesses or parts of businesses (1) to be interpreted as
      failed to fulfil its obligations under that directive.                     meaning that there is a particular point in time at which
                                                                                 the transfer of the undertaking or part thereof is deemed
2.    Declare that by failing to adopt the laws, regulations                     to have been completed and the transfer of rights and
      and administrative provisions necessary to comply with                     obligations pursuant to Article 3(1) is effected?
      Directive 2001/13/EC of the European Parliament and of
      the Council of 26 February 2001 amending Council                     2.    If the answer to question 1 is ‘yes’, how is that particular
      Directive 95/18/EC on the licensing of railway undertak-                   point in time to be identified?
      ings (2), or by failing to inform the Commission thereof,
      the Federal Republic of Germany has failed to fulfil its
                                                                           3.    If the answer to question 1 is ‘no’, how are the words ‘on
      obligations under that directive.
                                                                                 the date of a transfer’ in Article 3(1) to be interpreted?
3.    Declare that by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with               (1) OJ L 61, 5.3.1977, p. 26.
      Directive 2001/14/EC of the European Parliament and of
      the Council of 26 February 2001 on the allocation of
      railway infrastructure capacity and the levying of charges
      for the use of railway infrastructure and safety certifi-
      cation (3), or by failing to inform the Commission thereof,
      the Federal Republic of Germany has failed to fulfil its
      obligations under that directive.
4.    Order the Federal Republic of Germany to pay the costs.              Action brought on 19 November 2003 by Commission of
                                                                              the European Communities against Kingdom of Spain
Pleas in law and main arguments                                                                     (Case C-485/03)
The time-limit for transposition of the directive expired on                                         (2004/C 21/33)
15 March 2003.
(1) OJ 2001 L 75, p. 1.                                                    An action against the Kingdom of Spain was brought before
(2) OJ 2001 L 75, p. 26.                                                   the Court of Justice of the European Communities on 19 No-
(3) OJ 2001 L 75, p. 29.                                                   vember 2003 by Commission of the European Communities,
                                                                           represented by José Luis Buendía Sierra of its Legal Service,
                                                                           acting as Agent, with an address for service in Luxembourg.