CELEX: C2000/102/07
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court of 8 February 2000 in Case C-17/98 (reference for a preliminary ruling from the Arrondissementsrechtbank te 's-Gravenhage): Emesa Sugar (Free Zone) NV v Amba (Conditions governing association of overseas countries and territories — Decision 97/803/EC — Sugar imports — ACP/OCT cumulation of origin — Assessment of validity — National court — Interim measures)

8.4.2000                   EN                       Official Journal of the European Communities                                             C 102/5
The question whether the reception by a hotel establishment of                 2. Interim measures vis-à-vis a non-Community authority can be
satellite or terrestrial television signals and their distribution by cable        ordered by a national court in the event of an infringement of
to the various rooms of that hotel is an ‘act of communication to the              Community law being imminent only:
public’ or ‘reception by the public’ is not governed by Council
Directive 93/83/EEC of 27 September 1993 on the coordination of                    — if that court entertains serious doubts as to the validity of the
certain rules concerning copyright and rights related to copyright                      Community measure implemented by that authority and,
applicable to satellite broadcasting and cable retransmission, and                      should the question of the validity of the contested measure
must consequently be decided in accordance with national law.                           not already have been brought before the Court of Justice,
                                                                                        itself refers that question to the Court of Justice;
(1) OJ C 299 of 26.9.1998.                                                         — if there is urgency and a threat of serious and irreparable
                                                                                        damage to the applicant;
                                                                                   — and if the national court takes due account of the Com-
                                                                                        munity’s interests.
                                                                                   The fact that such interim measures would be ordered vis-à-vis
                                                                                   an authority of an overseas country or territory (OCT) by a court
                   JUDGMENT OF THE COURT                                           of a Member State, in accordance with its domestic law, is not
                                                                                   such as to affect the conditions under which the temporary
                           of 8 February 2000                                      protection of individuals must be ensured in proceedings before
                                                                                   the national courts when the dispute concerns a matter of
                                                                                   Community law.
in Case C-17/98 (reference for a preliminary ruling from
the Arrondissementsrechtbank te ’s-Gravenhage): Emesa
                 Sugar (Free Zone) NV v Amba (1)                               (1) OJ C 94 of 28.3.1998.
(Conditions governing association of overseas countries and
territories — Decision 97/803/EC — Sugar imports —
ACP/OCT cumulation of origin — Assessment of validity
              — National court — Interim measures)
                                                                                                  JUDGMENT OF THE COURT
                             (2000/C 102/07)
                                                                                                           (Sixth Chamber)
                       (Language of the case: Dutch)
                                                                                                         of 10 February 2000
(Provisional translation; the definitive translation will be published         in Case C-50/96 (reference for a preliminary ruling from
                      in the European Court Reports)                           the Landesarbeitsgericht Hamburg): Deutsche Telekom
                                                                                                        AG v Lilli Schröder (1)
In Case C-17/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Arrondissements-                   (Equal pay for men and women — Article 119 of the EC
rechtbank te ’s-Gravenhage (Netherlands) for a preliminary                     Treaty (Articles 117 to 120 of the EC Treaty have been
ruling in the proceedings pending before that court between                    replaced by Articles 136 EC to 143 EC) — Protocol
Emesa Sugar (Free Zone) NV and Aruba — on the validity of                      concerning Article 119 of the EC Treaty — Occupational
Council Decision 97/803/EC of 24 November 1997 amending                        social security schemes — Exclusion of part-time workers
at mid-term Decision 91/482/EEC on the association of the                      from a supplementary occupational retirement pension
overseas countries and territories with the European Economic                  scheme — Retroactive membership — Entitlement to a
Community (OJ 1997 L 329, p. 50) — the Court, composed                         pension — Relationship between national law and Com-
of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida                                             munity law)
and D.A.O. Edward (Presidents of Chambers), P.J.G. Kapteyn,
J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm and                                                      (2000/C 102/08)
M. Wathelet (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 8 February 2000, in which                                        (Language of the case: German)
it has ruled:
1. Examination of the first ten questions submitted has disclosed no           (Provisional translation; the definitive translation will be published
     factor of such a kind as to affect the validity of Council Decision                             in the European Court Reports)
     97/803/EC of 24 November 1997 amending at mid-term
     Decision 91/482/EEC on the association of the overseas                    In Case C-50/96: reference to the Court under Article 177 of
     countries and territories with the European Economic Com-                 the EC Treaty (now Article 234 EC) from the Landesarbeitsge-
     munity.                                                                   richt Hamburg (Germany) for a preliminary ruling in the