CELEX: C1998/358/12
Language: en
Date: 1998-11-21 00:00:00
Title: Reference for a preliminary ruling by the Finanzgericht Düsseldorf by order of that court of 14 September 1998 in the case of Peacock AG against Hauptzollamt Paderborn (Case C-339/98)

C 358/6               EN                  Official Journal of the European Communities                                     21.11.98
C. Gulmann, H. Ragnemalm, M. Wathelet and R.                         Circondariale, Pinerolo (District Magistrate's Court,
Schintgen, Presidents of Chambers, G. F. Mancini, J. C.              Pinerolo), of 3 September 1998, received at the Court on
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                 21 September 1998, for a preliminary ruling in the case of
D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P. Jann, L.            Renato Collino and Luisella Chiappero against Telecom
Sevón (Rapporteur) and K. M. Ioannou, Judges; J.                     Italia SpA on the following questions:
Mischo, Advocate-General; R. Grass, Registrar, has made
an order on 23 September 1998, the operative part of
which is as follows:                                                 (A)    Does Article 1 of Directive 77/187/EEC (1) apply to
                                                                            the transfer for value, authorised by law
                                                                            promulgated by the State and implemented by
Consideration of the question referred has not disclosed                    ministerial decree, of an undertaking managed by a
any factor of such a kind as to affect the validity of                      public entity which is a direct emanation of the
Article 5 of Commission Regulation (EC) No 3477/93 of                       State to a private company formed by another
17 December 1993 concerning the agricultural conversion                     public entity which holds all its shares, where the
rates to be applied in the tobacco sector.                                  activity transferred is assigned to the private
                                                                            company under the administrative licence system?
(1) OJ C 354, 23.11.1996.
                                                                     and if so
                                                                     (B1) Does Article 3(1) of Directive 77/187/EEC require it
                                                                            to be held that the continuation of the employment
Reference for a preliminary ruling by the Finanzgericht                     relationship with the transferor is mandatory, with
Düsseldorf by order of that court of 14 September 1998 in                   the result that the worker's length of service
  the case of Peacock AG against Hauptzollamt Paderborn                     continues to be computed as from the date on which
                                                                            he was taken on by the transferor and he continues
                       (Case C-339/98)
                                                                            to be entitled to payment of a lump sum by way of
                         (98/C 358/12)                                      severance pay which treats as a single unit the time
                                                                            spent by him in the transferor and transferee's
                                                                            employment?
Reference has been made to the Court of Justice of the
European Communities by order of the Finanzgericht
Düsseldorf (Finance Court, Düsseldorf) of 14 September               (B2) On a proper construction of Article 3(1), do the
1998, received at the Court Registry on 17 September                        worker's rights' transferred to the transferee in any
1998, for a preliminary ruling in the case of Peacock AG                    event include the advantages acquired by him while
against Hauptzollamt Paderborn on the following                             employed by the transferor, such as length of service
question:                                                                   if, under the system of collective bargaining
                                                                            applicable in the transferee's business, length of
                                                                            service entails the acquisition of rights of a financial
Is Note 5B to Chapter 84 of the combined nomenclature                       nature?
in the version which was in force from 1990 to 1995 to be
interpreted as meaning that the transmission of data using
                                                                     (1) OJ L 61, 5.3.1977, p. 26.
the network cards (1) described in more detail in the
grounds of this order is not to be regarded as a specific
function but as data processing, so that the network cards
are to be classified under heading 8473?
(1) In particular Microdyne Corporation's NE2000 and NE5500
    Ethernet Network Adapter Cards.                                  Reference for a preliminary ruling by the Tribunal da
                                                                     Comarca SetuÂbal, Third Civil Chamber, by order of that
                                                                     court of 15 July 1998 in the case of Vitor Manuel Mendes
                                                                     Ferreira and Maria Clara Delgado Correia Ferreira, his
                                                                     spouse, against Companhia de Seguros Mundial ConfiancËa
                                                                                                   S.A.
Reference for a preliminary ruling from the Pretura                                          (Case C-348/98)
Circondariale, Pinerolo (Italy), by order of that court of
3 September 1998 in the case of Renato Collino and                                            (98/C 358/14)
        Luisella Chiappero against Telecom Italia SpA
                       (Case C-343/98)
                                                                     Reference has been made to the Court of Justice of the
                         (98/C 358/13)                               European Communities by order of the Tribunal da
                                                                     Comarca (District Court), SetuÂbal, Third Civil Chamber,
                                                                     of 15 July 1998, received at the Court Registry on
Reference has been made to the Court of Justice of                   24 September 1998, for a preliminary ruling in the case of
the European Communities by order of the Pretura                     Vitor Manuel Mendes Ferreira and Maria Clara Delgado