CELEX: C2001/369/10
Language: en
Date: 2001-12-22 00:00:00
Title: Case C-349/01: Reference for a preliminary ruling by the Arbeitsgericht Bielefeld by order of that court of 24 July 2001 in the case of Betriebsrat ADS Anker GmbH against ADS Anker GmbH

C 369/6                 EN                       Official Journal of the European Communities                                    22.12.2001
1995 on the use of standards for the transmission of television             Advocate General; R. Grass, Registrar, has made an order on
signals (OJ 1995 L 281, p. 51) the Kingdom of the Netherlands               19 September 2001, in which it has ruled:
has failed to fulfil its obligations under that directive — the
Court (Fourth Chamber), composed of: S. von Bahr, President                 A directive cannot, by itself, independently of any national law
of the Chamber, D.A.O. Edward (Rapporteur) and A. La                        enacted by a Member State in order to implement it, have the effect
Pergola, Judges; A. Tizzano, Advocate General; R. Grass,                    of establishing or rendering more serious the criminal liability of
Registrar, has given a judgment on 11 October 2001, in which                persons who act in contravention of its provisions.
it:
                                                                            (1) OJ C 79 du 18.3.2000.
1.    Declares that by failing to bring into force and to communicate
      all of the laws, regulations and administrative provisions
      necessary to comply with Directive 95/47/EC of the European
      Parliament and of the Council of 24 October 1995 on the use
      of standards for the transmission of television signals the
      Kingdom of the Netherlands has failed to fulfil its obligations
      under that directive.                                                 Reference for a preliminary ruling by the Arbeitsgericht
                                                                            Bielefeld by order of that court of 24 July 2001 in the
                                                                            case of Betriebsrat ADS Anker GmbH against ADS Anker
2.    Orders the Kingdom of the Netherlands to bear the costs.
                                                                                                          GmbH
(1) OJ C 259 of 9.9.2000.                                                                            (Case C-349/01)
                                                                                                    (2001/C 369/10)
                                                                            Reference has been made to the Court of Justice of the
                                                                            European Communities by order of the Arbeitsgericht (Labour
                    ORDER OF THE COURT                                      Court), Bielefeld of 24 July 2001, which was received at the
                                                                            Court Registry on 17 September 2001, for a preliminary ruling
                        (Second Chamber)                                    in the case of Betriebsrat ADS Anker GmbH against ADS
                                                                            Anker GmbH on the following questions:
                      of 19 September 2001                                  1.    Is it a requirement of Council Directive 94/45/EC (1) on
                                                                                  the establishment of a European Works Council or a
in Case C-18/00 (reference for a preliminary ruling from                          procedure in Community-scale undertakings and Com-
the Tribunale civile e penale di Asti): Criminal proceedings                      munity-scale groups of undertakings for the purposes
                   against Maurizio Perino (1)                                    of informing and consulting employees, in particular
                                                                                  Articles 4 and 11 thereof, that an undertaking established
(Article 104(3) of the Rules of Procedure — Directive                             in the United Kingdom, which is regarded as the central
75/442/EEC — Storage of waste prior to a recovery operation                       management under the second paragraph of Article 4(2)
   — Invoking a directive in order to oppose an individual)                       and Article 4(3) of the directive, or an undertaking
                                                                                  established in the Kingdom of the Netherlands, which
                                                                                  constitutes the central management of the controlling
                          (2001/C 369/09)                                         undertaking under Article 2(1)(e) and Article 3(1) of the
                                                                                  directive, is obliged to provide another undertaking
                    (Language of the case: Italian)                               resident in the Federal Republic of Germany belonging to
                                                                                  the same group of undertakings with information on
                                                                                  undertakings and establishments belonging to the group
(Provisional translation; the definitive translation will be published
                                                                                  of undertakings and on their legal form and represen-
                   in the European Court Reports)
                                                                                  tation arrangements and the average total number of
                                                                                  employees and their distribution across the Member Sates
                                                                                  and the undertakings?
In Case C-18/00: reference to the Court under Article 234 EC
from the Tribunale civile e penale di Asti, Italy, for a                    2.    If the Court of Justice answers the first question in the
preliminary ruling in the criminal proceedings pending before                     affirmative: Does the obligation to provide information
that court against Maurizio Perino — on the interpretation of                     also encompass the names of the employees’ represen-
point R 13 of Annex IIB to Council Directive 75/442/EEC of                        tation and their representatives who are to participate, on
15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by                       behalf of the employees of the undertaking or the
Council Directive 91/156/EEC of 18 March 1991 (OJ 1991                            undertakings controlled by it, in the establishment of a
L 78, p. 32) and by Commission Decision 96/350/EC of                              European Works Council?
24 may 1996 adapting Annexes IIA and IIB to Directive
75/442 (OJ 1996 L 135, p. 32) — the Court (Second                           (1) OJ L 254, p. 64.
Chamber), composed of: V. Skouris (Rapporteur), President of
the Chamber, R. Schintgen and N. Colneric, Judges; P. Léger,