CELEX: C2002/305/06
Language: en
Date: 2002-12-07 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 17 October 2002 in Case C-79/01 (Reference for a preliminary ruling from the Corte d'appello di Milano): Payroll Data Services (Italy) Srl, ADP Europe SA and ADP GSI SA (Freedom of establishment — Freedom to provide services — Activity of preparing and printing pay slips)

7.12.2002                 EN                       Official Journal of the European Communities                                                C 305/5
                  JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                            (Fifth Chamber)                                                              (First Chamber)
                                                                                                       of 17 October 2002
                         of 17 October 2002
                                                                              in Case C-208/01 (Reference for a preliminary ruling from
in Case C-79/01 (Reference for a preliminary ruling from                      the Tribunal Superior de Justicia de Castilla-La Mancha):
the Corte d’appello di Milano): Payroll Data Services                         Isabel Parras Medina, Adelina Parras Medina v Consejería
        (Italy) Srl, ADP Europe SA and ADP GSI SA ( 1)                        de Agricultura y Medio Ambiente de la Junta de Comuni-
                                                                                               dades de Castilla-La Mancha ( 1)
(Freedom of establishment — Freedom to provide services —                     (Agriculture — Common organisation of markets — Wine
           Activity of preparing and printing pay slips)
                                                                              sector — Regulation (EC) No 1294/96 — Harvest, pro-
                                                                              duction and stock declarations — Failure of a holding to
                                                                              comply with the time-limits for making declarations —
                            (2002/C 305/06)                                       Death of the director of the holding — Force majeure)
                      (Language of the case: Italian)                                                    (2002/C 305/07)
                                                                                                  (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-79/01: Reference to the Court under Article 234 EC
by the Corte d’appello di Milano (Italy) for a preliminary ruling
                                                                              In Case C-208/01: Reference to the Court under Article 234
in the non-contentious proceedings (giurisdizione volontaria)
                                                                              EC by the Tribunal Superior de Justicia de Castilla-La Mancha
brought before that court by Payroll Data Services (Italy) Srl,
                                                                              (Spain) for a preliminary ruling in the proceedings pending
ADP Europe SA and ADP GSI SA, on the interpretation of
                                                                              before that court between Isabel Parras Medina, Adelina Parras
Articles 43 EC and 49 EC, the Court (Fifth Chamber),
                                                                              Medina and Consejería de Agricultura y Medio Ambiente de
composed of: M. Wathelet, President of the Chamber,
                                                                              la Junta de Comunidades de Castilla-La Mancha on the
C.W.A. Timmermans (Rapporteur), D.A.O. Edward, P. Jann,
                                                                              interpretation of Article 12 of Commission Regulation (EC)
and S. von Bahr, Judges; J. Mischo, Advocate General;
                                                                              No 1294/96 of 4 July 1996 laying down detailed rules for the
M.-F. Contet, Administrator, for the Registrar, has given a
                                                                              application of Council Regulation (EEC) No 822/87 as regards
judgment on 17 October 2002, in which it has ruled:
                                                                              harvest, production and stock declarations relating to wine-
                                                                              sector products (OJ 1996 L 166, p. 14), the Court (First
                                                                              Chamber), composed of: M. Wathelet, President of the Cham-
Article 43 EC is to be interpreted as meaning that it precludes               ber, P. Jann (Rapporteur) and A. Rosas, Judges; C. Stix-Hackl,
legislation of a Member State which requires undertakings with less           Advocate General; R. Grass, Registrar, has given a judgment
than 250 employees which wish to entrust the preparation and                  on 17 October 2002, in which it has ruled:
printing of their pay slips to data-processing centres to have recourse
only to those established staffed exclusively by persons registered with
certain professional associations in that Member State if, under that         On a proper construction of Article 12 of Commission Regulation
legislation, undertakings with more than 250 employees may entrust            (EC) No 1294/96 of 4 July 1996 laying down detailed rules for the
such activities to data-processing centres on the sole condition that         application of Council Regulation (EEC) No 822/87 as regards
they are assisted by one or more such persons.                                harvest, production and stock declarations relating to wine-sector
                                                                              products:
( 1) OJ C 108 of 7.4.2001.                                                    —     the concept of ‘force majeure’ referred to therein is not limited to
                                                                                    absolute impossibility but must be understood in the sense of
                                                                                    abnormal and unforeseeable circumstances, outside the oper-
                                                                                    ator’s control, the consequences of which, in spite of the exercise
                                                                                    of all due care, could not have been avoided;