CELEX: C2001/173/42
Language: en
Date: 2001-06-16 00:00:00
Title: Case C-137/01: Reference for a preliminary ruling by the Employment Tribunal (Leeds), by order of that court of 12 January 2001, in the case of 1) Mr P. Breckon 2) Mr M. Barrett against Secretary of State for Employment

16.6.2001              EN                    Official Journal of the European Communities                                       C 173/25
           mean exclusively the European Community’s own                Reference for a preliminary ruling by the Employment
           legislation? Or may national legislation too, such as        Tribunal (Leeds), by order of that court of 12 January
           certain provisions of the Kaivoslaki and the Jätease-        2001, in the case of 1) Mr P. Breckon 2) Mr M. Barrett
           tus in force in Finland, be ‘other legislation’ within                against Secretary of State for Employment
           the meaning of the Waste Directive?
                                                                                                 (Case C-137/01)
      (b) If ‘other legislation’ means also national legislation,
           does that mean exclusively national legislation
           which was already in force at the time of entry into                                  (2001/C 173/42)
           force of the Waste Directive 91/156/EEC or also
           that only enacted afterwards?
                                                                        Reference has been made to the Court of Justice of the
      (c)  If ‘other legislation’ means also national legislation,      European Communities by an order of the Employment
           do fundamental European Community provisions                 Tribunal (Leeds) of 12 January 2001, which was received at
           relating to environmental protection or the prin-            the Court Registry on 27 March 2001, for a preliminary ruling
           ciples of the Waste Directive set requirements for           in the case of 1) Mr P. Breckon 2) Mr M. Barrett against
           national legislation concerning the level of environ-        Secretary of State for Employment, on the following question:
           mental protection as a condition for disapplying
           the rules of the Waste Directive? What sort of
                                                                        ‘Are the requirements of Directive 80/987 (1) fully satisfied by
           requirements could those be?
                                                                        rules of national law which may result in a claim relating to
                                                                        holiday pay against the Guarantee Institution being dismissed
(1) OJ L 194 of 25.7.1975, p. 39.
                                                                        owing to unforeseen delay in bringing about a state of
(2) OJ L 78 of 26.3.1991, p. 32.                                        insolvency in the employer, which delay was caused by the
                                                                        employer?’
                                                                        (1) Council Directive 80/987/EEC of 20 October 1980 on the
                                                                            approximation of the laws of the Member States relating to the
                                                                            protection of employees in the event of the insolvency of their
                                                                            employer (OJ L 283, 28.10.1980, p. 23).
Reference for a preliminary ruling by the Tribunale di
Bologna by order of that court of 20 February 2001 in
the case of Condominio ‘Facchini Orsini’ against Kone
                          Ascensori SpA
                         (Case C-129/01)
                         (2001/C 173/41)                                Reference for a preliminary ruling by the Oberster
                                                                        Gerichtshof der Republik Österreich, by orders of
                                                                        28 February and 14 February 2001 in the cases of Christa
Reference has been made to the Court of Justice of the                  Neukomm against Österreichischer Rundfunk and Josef
European Communities by order of the Tribunale di Bologna                      Lauermann against Österreichischer Rundfunk
of 20 February 2001, received at the Court Registry on
21 March 2001, for a preliminary ruling in the case of
Condominio ‘Facchini Orsini’ against Kone Ascensori SpA on                              (Cases C-138/01 and C-139/01)
the following question:
                                                                                                 (2001/C 173/43)
‘For the purposes of application of the provisions contained in
Council Directive 93/13/EEC (1) of 5 April 1993 on unfair
terms in consumer contracts published in Official Journal               Reference has been made to the Court of Justice of the
1993 L 95, can the co-ownership of buildings referred to in             European Communities by orders of the Oberster Gerichtshof
Articles 1117-1139 of the Civil Code be regarded as a                   der Republik Österreich of 28 February and 14 February 2001,
consumer where the individual owners are natural persons or             received at the Court Registry on 27 March 2001, for a
are acting for purposes outside their trade, business or                preliminary ruling in the cases of Christa Neukomm against
profession?’                                                            Österreichischer Rundfunk and Josef Lauermann against Öster-
                                                                        reichischer Rundfunk on the following questions:
(1) OJ L 95 of 21.4.1993, p. 29.                                        1.    Are the provisions of Community law, in particular those
                                                                              on data protection (Articles 1, 2, 6, 7 and 22 of Directive
                                                                              95/46/EC (1) in conjunction with Article 6 (formerly
                                                                              Article F) of the Treaty on European Union and Article 8