CELEX: C1996/318/02
Language: en
Date: 1996-10-26 00:00:00
Title: Reference for a preliminary ruling from the Hessisches Landesarbeitsgericht by order of that court of 1 July 1996 in the case of Hans-Jörg Dick v. EB-Schulungs-Gesellschaft mbH (in liquidation) (Case C-277/96)

26 . 10 . 96            EN                  Official Journal of the European Communities                                 No C 318/3
 Reference for a preliminary ruling from the Hessisches                 Reference for a preliminary ruling from the Tribunale di
 Landesarbeitsgericht by order of that court of 1 July 1996 in          Genova by orders of 27 June 1996 ( Case C-279/96 ) and
 the case of Hans-Jorg Dick v. EB-Schulungs-Gesellschaft                19 July 1996 ( Cases C-280/96 and C-281/96 ) in the cases
                       mbH ( in liquidation )                           of: 1 . Ansaldo Energia SpA v. Amministrazione Finanziaria
                          ( Case C-277/96 )                             dello Stato, 2 . Amministrazione delle Finanze dello Stato v.
                                                                        Marine Insurance Consultants SRL, and 3 . G. M. B. SRL
                             ( 96/C 318/02 )                             and Others v . Amministrazione delle Finanze dello Stato
 Reference has been made to the Court of Justice of the                      (Joined Cases C-279/96 , C-280/96 and C-281 /96 )
 European Communities by a judgment of the Hessisches                                             ( 96/C 318 /04 )
 Landesarbeitsgericht ( Higher Labour Court, Hesse ) of
 1 July 1996 , which was received at the Court Registry on
 20 August 1996 , for a preliminary ruling in the case of               Reference has been made to the Court of Justice of the
 Hans-Jorg Dick v. EB-Schulungs-Gesellschaft mbH ( in                   European Communities by orders of 27 June 1996 and
 liquidation ) on the following question :                              21 August 1996 of the Tribunale di Genova ( Genoa District
                                                                        Court ), which were all received at the Court Registry on
 Does Council Directive 77/ 187/EEC ( l ) apply where :                 21 August 1996 , for a preliminary ruling in the cases of
                                                                        1 . Ansaldo Energia SpA v. Amministrazione Finanziaria
 — an undertaking, engaged in vocational training and                   dello Stato, 2 . Amministrazione delle Finanze dello Stato v.
     retraining, whose trainees are on courses sponsored by             Marine Insurance Consultants SRL, and 3 . G. M. B. SRL
     the employment authorities that lead to qualification              and Others v. Amministrazione delle Finanze dello Stato on
     as an industrial clerical officer, terminates , because            the following questions :
     of its insolvency, its agreements with the employment
     authorities, whereupon a legally independent
     competitor undertaking, that has previously run only               1 . Is national legislation which sets, in respect of the
     courses of other kinds, some independently financed and                 initiation of proceedings to safeguard a right arising
     some sponsored likewise by the employment authorities,                  under Community law, a time limit which starts to run
     takes over under an agreement with those authorities                    before the correct and complete transposition into
     the running of the courses begun by the first                           national law of the Directive conferring that right
     undertaking;                                                            compatible with Community law ?
 — at about the same time the second undertaking enters
     into new contracts of employment with a significant                2 . Is it compatible with Community law to provide a party
     proportion of the teaching staff of the insolvent                       whose rights are recognized as having been infringed,
     undertaking, in order to reinforce its own personnel, and               and to whom repayment of the sums claimed is granted ,
     uses them to teach the courses that it has taken over;                  with a remedial procedure under which the rules as to
     and                                                                     quantum differ from, and compare unfavourably with ,
                                                                             those laid down in respect of actions for repayment
 — the second undertaking is subsequently appointed by the                   between private individuals, and are substantially
     employment authorities to run new courses as well , like                determined by a measure enacted by the same State as
     those previously run by the insolvent undertaking ?                     that which infringed the injured party's rights by failing
                                                                             to fulfil its obligations ?
 (') OJ No L 61 , 5 . 3 . 1977, p . 26 .
 Reference for a preliminary ruling by the Tribunale di
 Genova — Sezione l a Civile by order of that court of 23 May
 1996 in the dispute pending before it between Vezza SpA                Reference for a preliminary ruling from the Tribunal de
                  and Ministero delle Finanze                           Grande Instance de Briey by judgment of that court of
                                                                        8 August 1996 in the case of Didier Tabouillot v. Directeur
                          ( Case C-278/96                                       des Services Fiscaux de Meurthe et de Moselle
                            ( 96/C 318/03 )
                                                                                                 Case C-284/96 )
 Reference has been made to the Court of Justice of the                                           ( 96/C 318 /05 )
 European Communities by order of the Tribunale di
 Genova — Sezione l a Civile ( Genoa District Court, First
                                                                        Reference has been made to the Court of Justice of the
 Section ) of 23 May 1996 , which was received at the Court             European Communities by a judgment of the Tribunal de
 Registry on 21 August 1996 , for a preliminary ruling in the           Grande Instance de Briey ( Regional Court, Briey ) of
 dispute pending before it between Vezza SpA and Ministero              8 August 1996 , which was received at the Court Registry on
-delle Finanze .
                                                                        22 August 1996 , for a preliminary ruling in the case of
                                                                        Didier Tabouillot v. Directeur des Services Fiscaux de
 The questions referred by the Tribunale di Genova —
 Sezione l a Civile to the Court of Justice for a preliminary           Meurthe et de Moselle ( Chief Tax Inspector for Meurthe et
 ruling are identical with those in Case C-47/95 ( 1 ).                 Moselle ) on the following questions :
 (') OJ No C 119 , 13 . 5 . 1995 , p . 5 .                              1 . Is Article 95 of the EC Treaty to be interpreted as
                                                                             precluding the application of a method for establishing