CELEX: C1997/166/17
Language: en
Date: 1997-05-31 00:00:00
Title: Reference for a preliminary ruling by the Chamber for Labour Disputes of the Pretura Circondariale di Bologna, by order of that court of 2 December 1996 in the case of Annalisa Carbonari and 121 other plaintiffs against 1. Università degli Studi di Bologna, 2. Ministero della Sanità, 3. Minstero dell'Università e della Ricerca Scientifica, 4. Ministero del Tesoro (Case C-131/97)

31 . 5 . 97           I EN 1                  Official Journal of the European Communities                                     No C 166/9
            large a prize can be obtained from the gaming                     the EC Treaty and, according to the rules of national
            machines and whether the opportunity to win is                    procedural law applicable to them, the arbitrators are
            based on chance or on the player's skill ?                        not at liberty to apply those provisions of their own
                                                                              motion ?
(') [ 1994 ] ECR 1-1039 .
( 2 ) [ 1982] ECR 3415 .
                                                                         2 . Notwithstanding the rules of Netherlands procedural
                                                                              law set out in paragraphs 4.2 and 4 .4 above, should a
                                                                              Netherlands court allow a claim, which otherwise
                                                                              complies with statuatory requirements, for the
                                                                              annulment of an arbitration award on the ground that
Reference for a preliminary ruling from the                                   the award conflicts with Article 85 of the EC Treaty, if
Arrondissementsrechtbank Alkmaar by order of that court                       it finds that there is in fact such a conflict ?
of 18 March 1997 in the case of A. G. R. Regeling against
Bestuur van de Bedrijfsvereniging voor de Metaalnijver­
                                   heid                                  3 . Notwithstanding the rules of Netherlands procedural
                          ( Case C-125 /97 )                                  law set out in paragraph 4.5 above, is the court also
                                                                              required to allow such a claim if the applicability of
                            ( 97/C 166/ 15 )
                                                                              Article 85 of the EC Treaty was outside the scope of
                                                                              the dispute in the arbitration proceedings and the
Reference has been made to the Court of Justice                               arbitrators therefore made no decision in regard to it ?
of the European Communities by order of the
Arrondissementsrechtbank Alkmaar ( Alkmaar District
Court) of 18 March 1997, received at the Court Registry                  4 . Does Community law require the rules of Netherlands
on 26 March 1997, for a preliminary ruling in the case of                     procedural law set out in paragraph 5.3 above to be
A. G. R. Regeling against Bestuur van de Bedrijfsvereni­                      disapplied if this is necessary in order to be able to
ging voor de Metaalnijverheid on the following question :                     examine , in proceedings for annulment of a
                                                                              subsequent arbitration award, whether an agreement
Are the requirements of Directive 80/987 (') fully satisfied                  held to be valid in an interim arbitration award with
by rules of national law which may result in a claim                          the force of res judicata may nevertheless be void
relating to pay^being met, as required by that Directive,                     because it conflicts with Article 85 of the EC Treaty ?
only if and in so far as that claim amounts, over the
period referred to in the Directive, to a sum greater than
the amount of pay which the employee received during                     5 . Alternatively, in a case such as that described in
that period but which is attributed, under national civil                     Question 4 , is it necessary to refrain from applying the
law, to a claim relating to pay which arose prior to that                     rule that, in so far as an interim arbitration award is
period ?                                                                      in the nature of a final award, annulment of that
                                                                              award may not be sought simultaneously with that of
(') OJ No L 283 , 1980 , p . 23 .                                             the subsequent arbitration award ?
                                                                         H OJ No C 77, 1996 , p . 1 .
Reference for a preliminary ruling from the Hoge Raad
der Nederlanden by order of that court of 21 March 1997
in the case of Eco Swiss China Time Ltd against Benetton
                          International NV                               Reference for a preliminary ruling by the Chamber for
                          ( Case C-126/97 )                              Labour Disputes of the Pretura Circondariale di Bologna,
                                                                         by order of that court of 2 December 1996 in the case of
                             ( 97/C 166/ 16 )                            Annalisa Carbonari and 121 other plaintiffs against
                                                                         1 . Università degli Studi di Bologna, 2 . Ministero della Sa­
Reference has been made to the Court of Justice of the                   nità, 3 . Minstero dell'Università e della Ricerca Scientifica,
European Communities by order of the Hoge Raad der                                            4 . Ministero del Tesoro
Nederlanden ( Supreme Court of the Netherlands ) of                                               ( Case C-131 /97 )
21 March 1997, which was received at the Court Registry
 on 27 March 1997, for a preliminary ruling in the case of                                          ( 97/C 166/ 17 )
 Eco Swiss China Time Ltd and Benetton International NV
on the following questions :
                                                                         Reference has been made to the Court of Justice of the
 1 . To what extent is the ruling of the Court of Justice in             European Communities by an order of the Chamber for
        Joined Cases C-430/93 and C-431/93 Van Schijndel                 Labour Disputes of the Pretura Circondariale di Bologna
        and Van Veen v. SPF (') applicable by analogy if, in a           ( Bologna District Magistrates Court) of 2 December 1996,
        dispute concerning a private law agreement which is              which was received at the Court Registry on 1 April 1997,
        decided upon by arbitrators rather than the national             for a preliminary ruling in the case of Annalisa Carbonari
        courts, the parties make no reference to Article 85 of           and 121 other plaintiffs against 1 . Universita degli Studi di
 ---pagebreak--- No C 166/ 10             EN                  Official Journal of the European Communities                                        31 . 5 . 97
Bologna, 2 . Ministero della Sanità, 3 . Minstero dell'Uni­                   upon as against a national authority by the person
versità e della Ricerca Scientifica , 4 . Ministero del Tesoro,               dealing in such rights as a ground justifying treatment
on the following questions:                                                   of those transactions as taxable transactions ?
                                                                              If, again, that question is answered in the negative, an
'Must the provision of Directive 82/76/EEC (') providing                      answer to the following question is sought:
that the training of trainee medical specialists is to be
" subject to appropriate remuneration " be interpreted, in
so far as no specific provisions have been adopted by the               3 . Can the person dealing in those rights still claim a
Italian Republic in the prescribed terms, as having direct                    right to deduct on the basis of Article 17 ( 2 ) or
effect in favour of trainee medical specialists as against the                another provision of the Directive, that is to say, does
administrative authorities of the Italian Republic, and does                  the provision have direct effect even though the
it confer on trainee medical specialists the right to                         transaction does not give rise to any output tax ?
appropriate payment linked with all the training
undertaken in the departments entrusted with training by                (') ' 11 . The following types of transaction shall be exempt from
the State , with a corresponding obligation on those                               tax: ( l)The grant or assignment of rights covered by
administrative authorities, including the University of                            Article 1 , 4 or 5 of Law 1960 : 729 on Copyright in
Bologna , to pay such remuneration ?'                                              Literary and Artistic Works, but not ...'.
(') OJ No L 43 , 15 . 2 . 1982 , p . 21
                                                                        Reference for a preliminary ruling from the
                                                                        Oberlandesgericht Wien by order of that court of
                                                                        24 March 1997 in the case of Verein zur Forderung des
Reference for a preliminary ruling from the                             freien Wettbewerbs im Medienwesen v. MVF Magazin­
Skatterattsnamnden by order of that body of 20 February                               Verlag am Fleetrand Gesellschaft mbH
  1997 in the case of Victoria Film A/S v. Riksskatteverket                                       ( Case C-135/97)
                          ( Case C-134/97                                                           ( 97/C 166/19 )
                            ( 97/C 166/ 18 )
                                                                        Reference has been made to the Court of Justice of
                                                                        the European Communities by an order of the Oberlandes­
Reference has been made to the Court of Justice of the                  gericht Wien ( Higher Regional Court, Vienna ) of 24 March
European Communities by an order of the                                 1997, which was received at the Court Registry on 7 April
Skatterattsnamnden ( Revenue Board ) of 20 February                     1997, for a preliminary ruling in the case of Verein zur
1997, which was received at the Court Registry on 7 April               Forderung des freien Wettbewerbs im Medienwesen v.
1997, for a preliminary ruling in the case of Victoria Film             MVF Magazin-Verlag am Fleetrand Gesellschaft mbH on
A/S v. Riksskatteverket on the following questions:                     the following question :
                                                                        'Is Article 30 of the EC Treaty to be interpreted as
1 . Does Article 28 ( 3 ) ( b ) of the Sixth VAT Directive in           precluding application of legislation of Member State A
     conjunction with point 2 of Annex F to the Directive,              prohibiting an undertaking established in Member State B
     and having regard to the terms of Annex XV, IX                     from selling in Member State A a periodically published
     Taxation, point 2 aa, of the Treaty of Accession                   magazine produced in Member State B if it contains prize
     between the Member States of the European Union                    puzzles or competitions which are lawfully organized in
     and Sweden concerning Sweden's accession to the                    Member State B ?'
     European Union, mean that Sweden may have
     provisions in its national legislation having the tenor
     of Article 11 ( 1 ) of Title 3 of the Value Added Tax
     Law as worded until 31 December 1996 (')?
                                                                        Reference for a preliminary ruling by the VAT and Duties
     If the answer to that question is in the negative, an
                                                                        Tribunal, Manchester, by direction of that court of 2 April
     answer to the following question is sought.
                                                                        1997, in the case of Norbury Developments Ltd against
                                                                                    the Commissioners of Customs and Excise
2 . Does the fact that Article 28 ( 3 ) ( b ) does not allow                                      ( Case C-136/97 )
     national legislation to provide for an exemption from                                          ( 97/C 166/20 )
     tax liability for the transactions referred to in
     Question 1 mean that this provision, Article 6 ( 1 ) or
     any other provision of the Sixth Directive has so-called           Reference has been made to the Court of Justice of the
     direct effect in this regard and can therefore be relied           European Communities by direction of the VAT and