CELEX: C1998/397/35
Language: en
Date: 1998-12-19 00:00:00
Title: Reference for a preliminary ruling by the Court of Appeal (England and Wales), by order of that Court of 31 July 1998, in the case of Ingmar GB Limited against Eaton Leonard Technologies Inc (Case C-381/98)

C 397/20             EN                   Official Journal of the European Communities                                        19.12.98
     Is Article 92 of the EC Treaty to be interpreted as                  (a) awards or grants paid by one or more contracting
     meaning that the underlying concept of aid also                           authorities for the support of research work;
     covers national rules which merely govern the
     apportionment of the costs between undertakings at
                                                                          (b) consideration paid by one or more contracting
     the various production levels which have arisen
                                                                               authorities for the supply of services comprising
     through purchasing obligations and minimum prices,
                                                                               research work;
     where the legislature's approach creates in practice a
     permanent burden for which the undertakings affected
     obtain no consideration?                                             (c) consideration paid by one or more contracting
                                                                               authorities for the supply of other services, such
                                                                               as consultancy or the organisation of conferences;
(b) In the event that the second question is answered in
     the negative in respect of Paragraph 4 of the Law on
     the supply of electricity, is Article 93(3) of the EC                (d) student grants paid by local education authorities
     Treaty to be interpreted as meaning that its restrictive                  to universities in respect of tuition for named
     effects apply not only to the benefit itself but also to                  students.
     implementing rules such as Paragraph 4 of the Law
     on the supply of electricity?
                                                                     2. What percentage or other meaning is to be given to
                                                                          the expression for the most part' in Article 1 of the
(c) In the event that questions (a) and (b) are answered in               Directives?
     the negative, is Article 30 of the EC Treaty to be
     interpreted as meaning that a quantitative restriction
     on imports Ð and/or a measure having equivalent                 3. If the expression for the most part' is defined in terms
     effect as between Member States for the purposes of                  of a percentage figure, is the calculation limited to
     the aforementioned provision Ð arises where a                        considering sources of finance for academic and
     provision of national law places undertakings under                  related purposes or should it include finance obtained
     an obligation to purchase electricity produced from                  in relation to commercial activities as well?
     renewable energy sources at minimum prices and
     requires grid operators to meet the costs entailed for
     no consideration?                                               4. Over what period should any calculation be made for
                                                                          determining whether a university is a contracting
                                                                          authority' in respect of any particular procurement,
                                                                          and how are foreseeable or future changes to be taken
                                                                          into account?
                                                                     (1) Council Directive 92/50/EEC of 18 June 1992, relating to the
Reference for a preliminary ruling by the High Court of                  coordination of procedures for the award of public service
Justice (England and Wales), Queen's Bench Division,                     contracts (OJ L 209, 24.7.1992, p. 1).
Divisional Court, by order of that Court of 21 July 1998,            (2) Council Directive 93/37/EEC of 14 June 1993, concerning the
in the case of The Queen and H. M. Treasury, ex parte:                   coordination of procedures for the award of public works
                The University of Cambridge                              contracts (OJ L 199, 9.8.1993, p. 54).
                                                                     (3) Council Directive 93/36/EEC of 14 June 1993 coordinating
                      (Case C-380/98)                                    procedures for the award of public supply contracts (OJ L 199,
                                                                         9.8.1993, p. 1).
                       (98/C 397/34)
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England and Wales), Queen's Bench Division,
Divisional Court, of 21 July 1998, which was received at             Reference for a preliminary ruling by the Court of Appeal
the Court Registry on 26 October 1998, for a preliminary             (England and Wales), by order of that Court of 31 July
ruling in the case of The Queen and H. M. Treasury, ex               1998, in the case of Ingmar GB Limited against Eaton
parte: The University of Cambridge, on the following                                     Leonard Technologies Inc
questions:
                                                                                             (Case C-381/98)
1. Where Article 1 of Council Directive 92/50/EEC (1),                                        (98/C 397/35)
    Council Directive 93/37/EEC (2) and Council Directive
    93/36/EEC (3) (the Directives') refers to any body
    financed, for the most part, by the state, or regional          Reference has been made to the Court of Justice of the
    or local authorities, or other bodies governed by                European Communities by an order of the Court of
    public law' what monies are to be included in the                Appeal (England and Wales), of 31 July 1998, which was
    expression financed . . . by (Zone or more contracting          received at the Court Registry on 26 October 1998, for a
    authorities)'? In particular, in relation to payments to         preliminary ruling in the case of Ingmar GB Limited
    an entity such as the University of Cambridge, does              against Eaton Leonard Technologies Inc, on the following
    the expression include:                                          questions:
 ---pagebreak--- 19.12.98               EN                  Official Journal of the European Communities                                       C 397/21
Under English law, effect will be given to the applicable             2. If the answer to question 1 is yes:
law as chosen by the parties, unless there is a public policy
reason, such as an overriding provision, for not so doing.
In such circumstances, are the provisions of Council                       (a) Does Article 7(1)(a) of Directive 79/7/EEC apply
Directive 86/653/EEC (1), as implemented in the laws of                         in the circumstances of this case?
the Member States, and in particular those provisions
relating to the payment of compensation to agents on
termination of their agreements with their principals,                     (b) In particular, is the Respondent prevented from
applicable when:                                                                relying upon Article 7(1)(a) of Directive 79/7/EEC
                                                                                where both the Social Fund Winter Fuel Payment
                                                                                Regulations 1998 and the Social Security
(i)   a principal appoints an exclusive agent in United                         Contributions and Benefits Act 1992 under which
      Kingdom and Republic of Ireland for the sale of its                       those Regulations were made came into force
      products therein; and                                                     after 23 December 1984, the latest date for the
                                                                                said Directive to be given full effect in domestic
                                                                                law?
(ii) in so far as sales of the products in the United
      Kingdom are concerned, the agent carries out its                (1) Council Directive 79/7/EEC of 19 December 1978, on the
      activities in the United Kingdom; and                               progressive implementation of the principle of equal treatment
                                                                          for men and women in matters of social security (OJ L 6,
                                                                          10.1.1979, p. 24).
(iii) the principal is a company incorproated in a non-EU
      State, and in particular in the State of California,
      USA and situated there; and
(iv) the express applicable law of the contract between
      the parties is that of the State of California, USA?            Reference for a preliminary ruling by the Oberster
                                                                      Gerichtshof by order of 29 September 1998 in the case of
                                                                      The Polo/Lauren Company v. PT. Dwidua Langgeng
(1) Council Directive 86/653/EEC of 18 December 1986, on the                     Pratama International Freight Forwarders
    coordination of the laws of the Member States relating to self-
    employed commercial agents (OJ L 382, 31.12.1986, p. 17).                                (Case C-383/98)
                                                                                              (98/C 397/37)
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by order of 29 September 1998
Reference for a preliminary ruling by the High Court of               from the Oberster Gerichtshof (Austrian Supreme Court),
Justice (England and Wales), Queen's Bench Division,                  which was received at the Court Registry on 26 October
Divisional Court, by order of that Court of 9 October                 1998, for a preliminary ruling in the case of The Polo/
1998, in the case of The Queen against Secretary of State             Lauren Company v. PT. Dwidua Langgeng Pratama
       for Social Security, ex parte: John Henry Taylor               International Freight Forwarders on the following
                        (Case C-382/98)                               question:
                          (98/C 397/36)
                                                                      On a proper construction of Article 1 thereof, is Council
                                                                      Regulation (EC) No 3295/94 of 22 December 1994 laying
Reference has been made to the Court of Justice of the                down measures to prohibit the release for free circulation,
European Communities by an order of the High Court of                 export, re-export or entry for a suspensive procedure of
Justice (England and Wales), Queen's Bench Division,                  counterfeit and pirated goods (OJ L 341, 30.12.1994) also
Divisional Court, of 9 October 1998, which was received               applicable to situations in which goods of the type
at the Court Registry on 26 October 1998, for a                       specified therein are, in the course of transit between two
preliminary ruling in the case of The Queen against                   countries not belonging to the European Community,
Secretary of State for Social Security, ex parte: John Henry          temporarily detained by the customs authorities in a
Taylor, on the following questions:                                   Member State on the basis of that regulation, at the
                                                                      request of a holder of rights who claims that his rights
                                                                      have been infringed and whose undertaking has its
                                                                      registered office in a non-member country?
1. Is a winter fuel payment made under Regulation 2(5),
     2(6) and 3(1)(b) of the Social Fund Winter Fuel
     Payment Regulations 1998 within the scope of
     Article 3 of Directive 79/7/EEC (1)?