CELEX: C1996/133/27
Language: en
Date: 1996-05-04 00:00:00
Title: Reference for a preliminary ruling by the Belgian Raad van State, by judgment of that court of 14 February 1996 in the case of VT4 Limited v. Vlaamse Gemeenschap, represented by the Flemish Government, Intercommunale Maatschappij voor Gas en Eletriciteit van het Westen and Others intervening (Case C-56/96)

4 . 5 . 96               EN                  Official Journal of the European Communities                                No C 133 / 13
federation in order to be able to compete in an international           Reference for a preliminary ruling by the Belgian Raad van
competition, and which lay down national entry quotas or                State, by judgment of that court of 14 February 1996 in the
similar competitions, are contrary to the Treaty of Rome, in            case of VT4 Limited v. Vlaamse Gemeenschap, represented
particular Articles 59 to 66 and Articles 85 and 86 .                   by the Flemish Government, Intercommunale Maatschappij
                                                                        voor Gas en Eletriciteit van het Westen and Others
                                                                                                      intervening
                                                                                                   Case C-56/96 )
                                                                                                   ( 96/C 133/27 )
Reference for a preliminary ruling from the Corte di                    Reference has been made to the Court of Justice of the
Appello, Milan, First Civil Division, by order of 30 January            European Communities by judgment of the Belgian Raad
1996 in the non-contentious proceedings brought before it               van State ( State Council ) of 14 February 1996 , which was
                      by Job Centre Coop. arl.                          received at the Court Registry on 26 February 1996 , for a
                           ( Case C-55/96 )                             preliminary ruling in the case of VT4 Limited v . Vlaamse
                             ( 96/C 133/26 )                            Gemeenschap, represented by the Flemish Government,
                                                                        Intercommunale Maatschappij voor Gas en Elektriciteit van
                                                                        het Westen and Others intervening on the following
Reference has been made to the Court of Justice of the                  question:
European Communities by an order of the Corte di Appello,
Milan, First Civil Division, of 30 January 1996, which was              at the time of the contested decision, may regard be had, for
received at the Court Registry on 23 February 1996 , for a              the purposes of interpreting Article 2 of Council Directive
preliminary ruling in the non-contentious proceedings                   89/552/EEC of 3 October 1 989 ( 1 ) with regard to its scope
brought before that court by Job Centre Coop , arl on the               ratione personae, to abovementioned draft and proposal of
following questions :                                                   31 May 1995 ( 2 ) of the Commission of the European
                                                                        Communities and to the abovementioned text provisionally
 1 . May the provisions of Italian national law contained in            adopted by the Council of Ministers of the European
      Article 11(1 ) of Law No 264 of 29 April 1949 and                 Communities on 20 November 1995 ? If so, what meaning
      Article 1(1 ) of Law No 1369 of 23 October 1960 ,                 overlapping the three different texts must be inferred for the
      whereby the business of acting as an intermediary and             purposes of that interpretation ?
      negotiator between those seeking and those offering
      employment is prohibited unless carried on by the public          (M OJ No L 298 , 1989 , p . 23 .
      offices specified in those provisions, be regarded as             ( 2 ) OJ No C 185 , 1995 , p . 4 .
      relating to the exercise of official authority within the
      meaning of the combined provisions of Articles 66 and
      55 of the EC Treaty in view of the fact that they are
      treated by Italian law as relating to matters of public
      policy because their purpose is to protect the interests of
      workers and the national economy ?                                Reference for a preliminary ruling by the Netherlands Raad
                                                                        van State, by judgment of that court of 22 February 1996
2 . Must those provisions, in view of their general scope,              in the case of H. Meints v. Minister van Landbouw,
       be regarded as conflicting with the principles of                                     Natuurbeheer en Visserij
       Community law laid down by Articles 8 , 49, 55 , 59, 60,                                     Case C-57/96
       62 , 66 , 86 and 90 of the said Treaty concerning the right                                   96/C 133 /28
      to work, freedom of economic initiative, freedom of
      movement for workers and others, freedom of supply
                                                                        Reference has been made to the Court of Justice of the
       and demand for work and services, free and fair
                                                                        European Communities by judgment of the Netherlands
      competition between economic agents and the abuse of               Raad van State ( State Council ) of 22 February 1 996 , which
       dominant positions ?
                                                                        was received at the Court Registry on 26 February 1996 , for
                                                                         a preliminary ruling in the case of H. Meints v. Minister
 3 . In the event that the abovementioned legislation of the
                                                                         van Landbouw, Natuurbeheer en Visserij ( Minister for
       Italian State concerning employment agency business is
                                                                         Agriculture, Nature Conservancy and Fisheries ) on the
       in breach of the principles of Community law mentioned
                                                                         following questions :
       in the foregoing question, must the judicial and
       administrative     authorities   of that    Member    State
                                                                         1 , does Regulation ( EEC ) No 1408/71 apply to a benefit
       consider themselves bound to apply those principles                     such as that provided for in the Vergoedingsregeling
       directly, allowing public and private bodies and                       voor Uitreding van Werknemers in de Landbouw
       undertakings to act as intermediaries between those                     ( Compensation Rules for Workers Leaving Farming )
       offering and those seeking employment and temporary                     which does not depend on the duration of
       work, subject to compliance with the provisions                         unemployment and forms part of a scheme of measures
       governing employment contracts and mandatory social                     for the structural improvement of the agricultural sector
       security and subject to the controls provided for by                    which emphasizes the promotion of the complete or
       law ?
                                                                               partial cessation of farming and the abandonment of
                                                                               farming by farmers ? What other circumstances may also
                                                                               be relevant ?