CELEX: C2004/059/31
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-14/04: Reference for a preliminary ruling by the Conseil d'État by order of that Court of 3 December 2003 in the case of Abdelkader Dellas, Confédération générale du travail, Fédération nationale des syndicats des services de santé et des services sociaux CFDT and Fédération nationale de l'action sociale Force Ouvrière against Secrétariat général du gouvernement; Intervener: Union des fédérations et syndicats nationaux d'employeurs sans but lucratif du secteur sanitaire, social et médico-social

6.3.2004                EN                        Official Journal of the European Union                                             C 59/19
3.    Must Directive 2002/2/EC be interpreted as meaning that                   as set out in Article 1(1) thereof, must the definition of
      its application, and therefore its effectiveness, is subject              working time set out in the directive be considered to
      to the adoption of a positive list of feed materials                      apply exclusively to the Community thresholds estab-
      containing their specific names, as set out in the tenth                  lished by the directive or must it be considered to have
      recital to the preamble and the Commission Report                         general scope, applying also to the thresholds which,
      (COM2003 178) (2) dated 24 April 2003 or must the                         while adopted under the various national legal orders
      implementation of the directive in the Member States                      with a view to transposing the directive, may in fact be
      must take place before the adoption of the positive list of               set — as they have been in France in the interest of
      feed materials laid down by the directive, with reference                 employee protection — at a level affording greater
      to a list of the feed materials contained in the compound                 protection than the thresholds established by the direc-
      feedingstuffs by the names and generic definitions of their               tive?
      commodity classes?
                                                                          2.    To what extent could a strictly proportional system of
4.    Is Directive 2002/2/EC to be regarded as unlawful on                      equivalence, which involves calculating the total number
      the grounds of infringement of the principle of equal                     of hours in attendance before applying a weighting
      treatment and non-discrimination to the detriment of                      mechanism to them which reflects even the very least
      feedingstuff producers when compared with the pro-                        work-intensive periods during periods of inactivity, be
      ducers of foodstuffs for human consumption in so far as                   considered compatible with the objectives of the Working
      the former are subject to rules requiring indications of the              Time Directive?
      quantities of feed materials in compound feedingstuffs?
(1) OJ L 63 of 6.03.2002, p. 23.                                          (1) Council Directive 93/104/EC of 23 November 1993 concerning
(2) Not published.                                                            certain aspects of the organization of working time (OJ L 307 of
                                                                              13.12.1993, p. 18).
Reference for a preliminary ruling by the Conseil d’État
by order of that Court of 3 December 2003 in the case of
Abdelkader Dellas, Confédération générale du travail,
Fédération nationale des syndicats des services de santé                  Action brought on 20 January 2004 by the Commission
et des services sociaux CFDT and Fédération nationale de                  of the European Communities against the Federal Repub-
l’action sociale Force Ouvrière against Secrétariat général                                          lic of Germany
du gouvernement; Intervener: Union des fédérations et
syndicats nationaux d’employeurs sans but lucratif du
           secteur sanitaire, social et médico-social                                                (Case C-16/04)
                           (Case C-14/04)                                                            (2004/C 59/32)
                          (2004/C 59/31)
                                                                          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 20 January 2004 by the Commission of the European
European Communities by order of the Conseil d’État (Council              Communities, represented by Denis Martin and Horstpeter
of State) of 3 December 2003, received at the Court Registry              Kreppel, acting as Agents, with an address for service in
on 15 January 2004, for a preliminary ruling in the case of               Luxembourg.
Abdelkader Dellas, Confédération générale du travail, Fédér-
ation nationale des syndicats des services de santé et des
services sociaux CFDT and Fédération nationale de l’action
sociale Force Ouvrière against Secrétariat général du gouverne-           The applicant claims that the Court should:
ment; Intervener: Union des fédérations et syndicats nationaux
d’employeurs sans but lucratif du secteur sanitaire, social et            1.    Declare that
médico-social (Union of national federations and unions of
non-profit-making employers in the health, social and medico-
social sectors) on the following questions:                                     a)    by virtue of the fact that, contrary to the require-
                                                                                      ments of Community law,
1.    In the light of the purpose of the Working Time
      Directive (1), namely to lay down minimum safety and                            —     § 30(4) VBG 1/GUV.01 permits sliding doors
      health requirements for the organisation of working time,                             and revolving doors as emergency doors,