CELEX: C2001/173/51
Language: en
Date: 2001-06-16 00:00:00
Title: Case C-171/01: Reference for a preliminary ruling from the Verfassungsgerichtshof by order of that court of 2 March 2001 in the election proceedings brought by the electoral group "Gemeinsam Zajedno/Birlikte Alternative und Grüne GewerkschafterInnen/UG"

C 173/30               EN                   Official Journal of the European Communities                                    16.6.2001
1.   Does Paragraph 183(1) of Sozialgesetzbuch III provide             Question 1
     for a date within the meaning of Article 3(2) of Council
     Directive 80/987/EEC (1) 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                Is Article 10(1) of Decision No 1/80 of the Association Council
                                                                       of 19 September 1980 on the development of the Association
     insolvency of their employer?
                                                                       to be interpreted as precluding a provision of a Member State
                                                                       which excludes Turkish workers from eligibility to the general
2.   Has the Federal Republic of Germany effectively limited           assembly of a chamber of workers?
     the liability of the Bundesanstalt für Arbeit in accordance
     with Article 4 of Directive 80/987/EEC?
3.   Is the Federal Republic of Germany liable to pay damages          Question 2
     to the plaintiff on account of defective implementation
     of Directive 80/987/EEC?
                                                                       If the answer to Question 1 is affirmative: Is Article 10(1) of
                                                                       Decision No 1/80 of the Association Council of 19 September
4.   Does the Court hold to its view that the date to be taken         1980 on the development of the Association directly appli-
     as the basis for determining the reference period is that         cable Community law?
     of the request for the opening of proceedings?
5.   Is the calculation of the insolvency benefit period pro-
     vided for in Paragraph 183(1) of Sozialgesetzbuch III
     compatible with Article 141 EC?
6.   In the case of claimants who are on child raising leave, is
     the day before that leave was taken the relevant date for
     the purposes of Article 3(2) of Directive 80/987/EEC?
                                                                       Action brought on 23 April 2001 by the Commission of
                                                                       the European Communities against the Grand Duchy of
(1) OJ L 283, 28.10.1980, p. 23.                                                                  Luxembourg
                                                                                               (Case C-174/01)
                                                                                               (2001/C 173/52)
                                                                       An action against the Grand Duchy of Luxembourg was
                                                                       brought before the Court of Justice of the European Communi-
Reference for a preliminary ruling from the Verfassungs-               ties on 23 April 2001 by the Commission of the European
gerichtshof by order of that court of 2 March 2001 in the              Communities, represented by H. Støvlbæk and J. Adda, acting
election proceedings brought by the electoral group                    as Agents, with an address for service in Luxembourg.
‘Gemeinsam Zajedno/Birlikte Alternative und Grüne
                   GewerkschafterInnen/UG’
                                                                       The applicant claims that the Court should
                         (Case C-171/01)
                                                                       —     Declare that, by failing to notify the Commission of plans
                         (2001/C 173/51)                                     for the decontamination and/or disposal of inventoried
                                                                             equipment and the PCBs contained therein, in accordance
                                                                             with Article 11 of Council Directive 96/59/EC (1) of
Reference has been made to the Court of Justice of the                       16 September 1996 on the disposal of polychlorinated
European Communities by an order of the Verfassungsgerichts-                 biphenyls and polychlorinated terphenyls (PCB/PCT), the
hof (Constitutional Court, Vienna) of 2 March 2001, which                    Grand Duchy of Luxembourg has failed to fulfil its
was received at the Court Registry on 19 April 2001, for a                   obligations under that directive;
preliminary ruling in the election proceedings brought by the
electoral group ‘Gemeinsam Zajedno/Birlikte Alternative und
Grüne GewerkschafterInnen/UG’ on the following questions:              —     Order the Grand Duchy of Luxembourg to pay the costs.