CELEX: C1996/294/08
Language: en
Date: 1996-10-05 00:00:00
Title: Reference for a preliminary ruling by the Corte d'Appello (Sezione Prima Civile), Venice, by order of that court of 18 April 1996 in the case of Ministero delle Finanze v. SPAC SpA (Case C-260/96)

5 . 10 . 96             EN                   Official Journal of the European Communities                                      No C 294/5
     — the Directive confers upon the individual employee                Reference for a preliminary ruling by the Corte d'Appello
         rights against the State acting as employer ?                   ( Sezione Prima Civile ), Venice, by order of that court of
                                                                         1 8 April 1996 in the case of Ministero delle Finanze v. SPAC
3 . If the answer to Question 2 is in the affirmative : must the                                           SpA
     information which the employer is required to give                                           ( Case C-260/96 )
     under Article 2 ( 2 ) ( c ) ( ii ) of Directive 91 /533/EEC                                    ( 96/C 294/08 )
     concerning the ' nature or category of the work ' be
     understood as meaning the classification of a job in the
     sense that, if the employee 's grading according to the             Reference has been made to the Court of Justice of the
     salary scheme under a collective agreement requires                 European Communities by order of the Corte d'Appello
     fulfilment of the work specifications of a particular case          ( Sezione Prima Civile ) ( Court of Appeal , First Civil
     of a salary grade, he must be able to see , from the                Division ), Venice, of 18 April 1996 , which was received at
     notification of his grading in a particular salary grade            the Court Registry on 24 July 1 996 , for a preliminary ruling
     and case , whether he is entitled to                                in the case of Ministero delle Finanze v. SPAC SpA on the
                                                                         following question :
     — advancement on the basis of a continuous period of
         satisfactory service or advancement by case in salary
         grades ( C-253/96 ),                                            In proceedings before an Italian court for reimbursement of
                                                                         charges paid pursuant to provisions of national law which,
     — advancement on the basis of a continuous period                   in view of the interpretation given by the Court of Justice in
         of satisfactory service ( C-254/96 , C-255/96 ,                 Joined Cases C-71 /91 and C-178/91 Ponente Carni and
         C-2 56/96 ),                                                    Another v. Amministrazione delle Finanze dello Stato,
                                                                         conflict with Article 10 of Council Directive 69/335/EEC of
     — advancement on the basis of a continuous period of                17 July 1969 ( 1 ), is a provision of national law which , by
         satisfactory service and/or advancement by case                 removing such actions from the scope of the ordinary rules
          ( C-257/96 , C-258/96 )?                                       governing actions for the recovery of charges unduly paid,
                                                                         and making them subject to special rules governing the
                                                                         reimbursement of charges paid in error, requires that the
4 . If the answer to Question 3 is in the affirmative : does the         right of action be exercised within a limitation period
     notification pursuant to Article 2 ( 2 ) ( c ) ( ii ) of Directive  running from the time when payment was made rather than
     91 /533/EEC bind the employer in the sense that he is               from the time when the relevant Community Directive was
     bound by the classification of the job notified to the              correctly transposed into national law, compatible with the
     employee until such time as he ( the employer ) proves              principles laid down in that Directive and adopted in its
     that the grading was incorrect, or at least until he shows          interpretation , and the general principles of Community law
     conclusively ( perhaps in the form of a job'assessment )            upheld by the Court of Justice in Case C-208/91 ?
     that he graded the employee mistakenly or that the
     classification of the work has been lowered in the course
     of     time    or  by   amendment        to    the       collective (') OJ, English Special Edition 1969 ( II ), p. 412 .
     agreement ?
5 . If the answer to Question 4 is in the affirmative : is the
     implementation in German law of Article 9 ( 2 ) of
     Directive 91 /533/EEC by the Information Act of 20 July
     1995 ( Bundesgesetzblatt I, p. 946 ), to the effect that the
     employer has no obligation to give the employee written             Appeal brought on 7 August 1996 by 1 . the Stichting
     notification in the case of an employment relationship in           Certificatie Kraanverhuurbedrijf and 2 . the Federatie van
     existence when the Act comes into force , ' if and so far as        Nederlandse Kraanverhuurbedrijven against the order
     an     earlier   document    or    a   written       contract    of
                                                                         made on 4 June 1996 by the Court of First Instance of the
     employment gives the particulars required '                         European Communities in Case T-18/96 R between 1 . the
     ( paragraph 4 , sentence 2 , of the Information Act ), to be        Stichting Certificatie Kraanverhuurbedrijf and 2 . the
     regarded as in conformity with Community law, with                  Federatie van Nederlandse Kraanverhuurbedrijven, and the
     the consequence that such earlier notifications which                         Commission of the European Communities
     satisfy the requirements of Directive 91 /533/EEC ,
     whether it has been implemented or whether, in the                                       ( Case C-268/96 P ( R ))
     absence of implementation , it is directly applicable ,                                         ( 96/C 294/09 )
     continue to be valid , with the consequence that, if the
     employer gives a more recent written notification ( in the
     present case , in the course of proceedings ) which                 An appeal against the order made on 4 June 1996 by the
     conflicts with the earlier one, he must prove that the              Court of First Instance of the European Communities in
     later notification is correct ?                                     Case T-18/96 R between 1 . the Stichting Certificatie
                                                                         Kraanverhuurbedrijf and 2 . the Federatie van Nederlandse
                                                                         Kraanverhuurbedrijven, and the Commission of the
(') OJ No L 288 , 18 . 10 . 1991 , p . 32 .
                                                                         European Communities, was brought before the Court of
                                                                         Justice of the European Communities on 7 August 19 96 by
                                                                          1 . the Stichting Certificatie Kraanverhuurbedrijf and 2 . the