CELEX: C1999/204/70
Language: en
Date: 1999-07-17 00:00:00
Title: Case C-211/99: Action brought on 1 June 1999 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 204/34               EN                   Official Journal of the European Communities                                       17.7.1999
1. May Article 4, in conjunction with Article 1, of Council            Action brought on 1 June 1999 by the Commission of the
     Regulation No 3577/92 of 7 December 1992 applying the             European Communities against the Grand Duchy of
     principle of freedom to provide services to maritime                                         Luxembourg
     transport within Member States (maritime cabotage) (1) be
     interpreted as permitting the provision of island cabotage                                 (Case C-210/99)
     services by undertakings covering regular shipping lines
     to be made subject to obtaining prior administrative
     authorisation?                                                                             (1999/C 204/69)
                                                                       An action against the Grand Duchy of Luxembourg was
2. If so, may the grant and continuation of such administrat-          brought before the Court of Justice of the European Communi-
     ive authorisation be made subject to the satisfaction of          ties on l June 1999 by the Commission of the European
     conditions such as fulfilment of fiscal and social security       Communities, represented by Marie Wolfcarius, Legal Adviser,
     obligations, distinct from those set out in Article 4(2) of       acting as Agent, with an address for service in Luxembourg at
     the Regulation?                                                   the office of Carlos Gómez de la Cruz, of its Legal Service,
                                                                       Wagner Centre, Kirchherg.
3. May Article 4(1) of Regulation No 3577/92 be interpreted
     as permitting, in relation to one line or maritime route,         The applicant claims that the Court should:
     public service obligations to be imposed on some shipping
     companies while, at the same time, public service contracts,      1. Declare that, by failing to adopt and/or communicate the
     within the meaning of Article 2(3) of the Regulation, are              laws, regulations and administrative provisions necessary
     concluded with others, in order to ensure regular services             to comply with Council Directive 95/18/EC of 19 June
     to, from or between islands?                                           1995 on the licensing of railway undertakings (1), the
                                                                            Grand Duchy of Luxembourg has failed to fulfil its
                                                                            obligations under that directive; and
(1) OJ No L 364 of 12 December.1992, p. 7.
                                                                       2. Order the Grand Duchy of̀ Luxembourg to pay the costs.
                                                                       The pleas in law and main arguments are similar to those
                                                                       submitted in Case C-168/99 (2), the period prescribed in
                                                                       Article 16(2) of the directive expired on 27 June 1997.
                                                                       (1) OJ 1995 L 143, p. 70.
                                                                       (2) See this OJ p. 28.
Reference for a preliminary ruling from the Arbeitsge-
richt Bonn by order of that court of 22 April 1999 in the
          case of Birgit Frings v Blendermann GmbH
                         (Case C-209/99)
                                                                       Action brought on 1 June 1999 by the Commission of the
                                                                       European Communities against the Grand Duchy of
                         (1999/C 204/68)                                                          Luxembourg
Reference has been made to the Court of Justice of the                                          (Case C-211/99)
European Communities by an order of the Third Chamber of
the Arbeitsgericht Bonn (Labour Court, Bonn) of 22 April                                        (1999/C 204/70)
1999, which was received at the Court Registry on 1 June
1999, for a preliminary ruling in the case of Birgit Frings v
Blendermann GmbH on the following question:                            An action against the Grand Duchy of Luxembourg was
                                                                       brought before the Court of Justice of the European Communi-
                                                                       ties on 1 June 1999 by the Commission of the European
Is there a breach of the prohibition under European law of             Communities, represented by Marie Wolfcarius, Legal Adviser,
indirect discrimination on grounds of sex if national appli-           acting as Agent, with an address for service in Luxembourg at
cation of the Kündigungsschutzgesetz (Law on Protection                the office of Carlos Gómez de la Cruz, of its legal Service,
against Dismissal) has the result that, where the amount of            Wagner Centre, Kirchberg.
work required is reduced for operational reasons, if the
employer has made a business decision to maintain the                  The applicant claims that the Court should:
full-time posts occupied, then because of lack of comparability
no selection on social grounds takes place between part-time           1. Declare that, by failing to adopt and/or communicate the
and full-time employees, even though the part-time employee                 laws, regulations and administrative provisions necessary
is prepared to accept a full-time post?                                     to comply with Council Directive 95/19/EC of 19 June
                                                                            1995 on the allocation of railway infrastructure capacity
                                                                            and the charging of infrastructure fees (1), the Grand Duchy
                                                                            of Luxembourg has failed to fulfil its obligations under
                                                                            that directive; and
 ---pagebreak--- 17.7.1999               EN                 Official Journal of the European Communities                                    C 204/35
2. Order the Grand Duchy of Luxembourg to pay the costs.                     Removal from the register of Case C-320/97 (1)
The pleas in law and main arguments are similar to those                                      (1999/C 204/74)
submitted in Case C-168/99 (2), the period prescribed in
Article 14(2) of the directive expired on 27 June 1997.               By order of 18 March 1999 the President of the Court of
                                                                      Justice of the European Communities has ordered the removal
                                                                      from the register of Case C-320/97: Commission of the
(1) OJ 1995 L 143, p. 75.                                             European Communities v Federal Republic of Germany.
(2) See this OJ, p. 28.
                                                                      (1) OJ No C 331 of 1.11.1997.
       Removal from the register of Case C-330/98 (1)
                                                                              Removal from the register of Case C-5/99 (1)
                         (1999/C 204/71)
                                                                                              (1999/C 204/75)
By order of 10 March 1999 the President of the Court of
Justice of the European Communities has ordered the removal           By order of 18 March 1999 the President of the Court of
from the register of Case C-330/98 (reference for a preliminary       Justice of the European Communities has ordered the removal
ruling from the Oberster Gerichtshof): The Wellcome Foun-             from the register of Case C-5/99 (reference for a preliminary
dation Ltd v Nycomed Austria GmbH.                                    ruling from the Landgericht Regensburg): Business registry
                                                                      case relating to Firma Wiesenhof Geflügelspezialitäten, a
                                                                      branch of Lohmann & Co. AG.
(1) OJ No C 340 of 7.11.1998.
                                                                      (1) OJ No C 86 of 27.3.1999.
       Removal from the register of Case C-186/97 (1)                        Removal from the register of Case C-245/98 (1)
                         (1999/C 204/72)                                                      (1999/C 204/76)
By order of 18 March 1999 the President of the Court of               By order of 19 April 1999 the President of the Court of Justice
Justice of the European Communities has ordered the removal           of the European Communities has ordered the removal from
from the register of Case C-186/97: Commission of the                 the register of Case C-245/98: Commission of the European
European Communities v Federal Republic of Germany.                   Communities v French Republic.
(1) OJ No C 212 of 12.7.1997.                                         (1) OJ No C 278 of 5.9.1998.
                                                                             Removal from the register of Case C-398/96 (1)
       Removal from the register of Case     C-192/97 (1)
                                                                                              (1999/C 204/77)
                         (1999/C 204/73)
                                                                      By order of 21 April 1999 the President of the Court of Justice
By order of 18 March 1999 the President of the Second                 of the European Communities has ordered the removal from
Chamber of the Court of Justice of the European Communities           the register of Case C-398/96 (reference for a preliminary
has ordered the removal from the register of Case C-192/97:           ruling from Tribunale Amministrativo Regionale del Lazio):
Commission of the European Communities v Federal Republic             Associazione Produttori Vitivinicoli della Provincia di Treviso
of Germany.                                                           and Others v Ministero delle Risorse Agricole, Alimentari e
                                                                      Forestali (Ministero per le Politche Agricole).
(1) OJ No C 212 of 12.7.1997.                                         (1) OJ C 54 of 22.2.1997.