CELEX: C2000/149/51
Language: en
Date: 2000-05-27 00:00:00
Title: Case C-109/00: Reference for a preliminary ruling by the Anke- og Kæremålsudvalg of the Højesteret by order of 21 March 2000 in the case of Tele Danmark A/S v HK, acting on behalf of Marianne Brandt-Nielsen.

27.5.2000               EN                     Official Journal of the European Communities                                        C 149/27
Reference for a preliminary ruling from the Tribunal du                   Are advertising services as mentioned in Article 9(2)(e) of
Travail, Mons (Third Chamber), Belgium, by judgment of                    Directive 77/388/EEC of 17 May 1977 (1) to be understood, as
that court of 13 March 2000 in the case of Caterina                       regards operations for the purpose of promoting the sale of
        Insalaca v Office National des Pensions (ONP)                     goods or services, only as services supplied directly and
                                                                          invoiced by the supplier of services to a taxable advertiser,
                         (Case C-107/00)                                  excluding services of the same nature supplied indirectly to the
                                                                          advertiser and invoiced to a third party who in turn invoices
                                                                          them to that advertiser?
                         (2000/C 149/49)
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Tribunal du                     (1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the
Travail (Labour Court), Mons (Third Chamber), of 13 March                     harmonization of the laws of the Member States relating to
2000, which was received at the Court Registry on 22 March                    turnover taxes — Common system of value added tax: uniform
                                                                              basis of assessment (OJ 1977 L 145 of 13. 6.1977, p. 1).
2000, for a preliminary ruling in the case of Caterina Insalaca
v Office National des Pensions (ONP), on the following
questions:
1. Does the national rule governing the calculation of a
     survivor’s pension and establishing a restriction of the
     ceiling in respect of overlapping of old-age and survivor’s
     pensions where the surviving spouse can claim a survivor’s
     pension payable by another Member State constitute a
     provision on reduction within the meaning of Articles 46a            Reference for a preliminary ruling by the Anke- og
     and 46b of Regulation No 1408/71 of 14 June 1971 (1)?                Kæremålsudvalg of the Højesteret by order of 21 March
                                                                          2000 in the case of Tele Danmark A/S v HK, acting on
2. If so, must Articles 46a and 46b be interpreted as                                    behalf of Marianne Brandt-Nielsen.
     authorising the national institution which applies the
     provision against overlapping to take account of the
     survivor’s pension granted under the scheme of another                                         (Case C-109/00)
     Member State in order to reduce the ceiling in respect of
     overlapping of old-age and survivor’s pensions provided
     for by national legislation?                                                                  (2000/C 149/51)
(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on         Reference has been made to the Court of Justice of the
    the application of social security schemes to employed persons,       European Communities by order of 21 March 2000 by the
    to self-employed persons and to members of their families moving      Anke- og Kæremålsudvalg (Appeals and Objections Com-
    within the Community (OJ 1971 L 149, p. 2).                           mittee) of the Højesteret (Danish Supreme Court), which was
                                                                          received at the Court Registry on 23 March 2000, for a
                                                                          preliminary ruling in the case of Tele Danmark A/S v HK,
                                                                          acting on behalf of Marianne Brandt-Nielsen, on the following
                                                                          questions:
Reference for a preliminary ruling from the French                        Question 1
Conseil d’État, Judicial Division, by decision of that court
of 9 February 2000 in the case of Syndicat des Producteurs
Indépendants (Union of independent producers) (SPI) v                     Does Article 5(1) of Council Directive 76/207/EEC (1) of
    Ministry for Economic Affairs, Finance and Industry                   9 February 1976 on the implementation of the principle of
                                                                          equal treatment for men and women as regards access to
                         (Case C-108/00)                                  employment, vocational training and promotion, and working
                                                                          conditions and/or Article 10 of Council Directive 92/85/EEC (2)
                                                                          of 19 October 1992 on the introduction of measures to
                         (2000/C 149/50)                                  encourage improvements in the safety and health at work of
                                                                          pregnant workers and workers who have recently given birth
Reference has been made to the Court of Justice of the                    or are breastfeeding, or other provisions in those directives or
European Communities by a decision of the French Conseil                  elsewhere in Community law preclude a worker from being
d’État, Judicial Division of 9 February 2000, which was                  dismissed on the ground of pregnancy in the case where: (i) the
received at the Court Registry on 23 March 2000, for a                    woman in question was recruited as a temporary worker for a
preliminary ruling in the case of Syndicat des Producteurs                limited period; (ii) when she entered into the contract of
Indépendants (Union of independent producers) (SPI) v Minis-              employment, the worker knew that she was pregnant but did
try for Economic Affairs, Finance and Industry on the following           not inform the employer of that fact; and (iii) her pregnancy
question. The French Conseil d’État, Judicial Division, asks the         meant that the worker was unable to work for a significant
Court of Justice to rule on the following question:                       portion of her period of employment?
 ---pagebreak--- C 149/28               EN                   Official Journal of the European Communities                                     27.5.2000
Question 2                                                                 whose cooking salt content, expressed in terms of sodium
                                                                           chloride and calculated on the basis of the dry matter,
Does the fact that the employment occurs in a very large                   exceeds 2.0 %, compatible with the requirements of Article
undertaking and that that undertaking frequently uses tempor-              28 of the Treaty on European Union and are they capable
ary workers have any bearing on the answer to Question 1?                  of being justified under Article 30 of that instrument?
                                                                       2. Are Articles 1.3 and 8 of the Royal Decree of 2 September
(1) OJ L 39 of 14.2.1976, p. 40.                                           1985 on bread and other bakery products and Article 14
(2) OJ L 348 of 28.11.1992, p. 1.                                          of the Law of 24 January 1977 on the protection of
                                                                           consumers’ health in relation to foodstuffs and other
                                                                           products compatible with the requirements of Article 28
                                                                           of the Treaty on European Union and are they capable of
                                                                           being justified under Article 30 of that instrument?
                                                                       3. Are Articles 4(2) and 5 of the Royal Decree of 17 April
Reference for a preliminary ruling, by the Court of First                  1980 concerning advertising of foodstuffs and Article 14
Instance, Brussels, (55th Chamber), 28 March 2000, in the                  of the Law of 24 January 1977 on the protection of
Case of Christina Bellamy v Procureur du Roi — Party                       consumers’ health in relation to foodstuffs and other
       liable in civil law: English Shop Wholesale SA                      products compatible with the requirements of Article 28
                                                                           of the Treaty on European Union and are they capable of
                         (Case C-123/00)                                   being justified under Article 30 of that instrument?
                         (2000/C 149/52)
Reference has been made to the Court of Justice of the
European Communities by order of the Court of First Instance,
Brussels, 28 March 2000, received at the Court Registry on                    Removal from the register of Case C-20/99 (1)
31 March 2000, for a preliminary ruling in the case of
Christina Bellamy v Procureur du Roi — Party liable in civil                                   (2000/C 149/53)
law: English Shop Wholesale SA, on the following questions:
                                                                       By order of 25 January 2000 the President of the Court of
1. Are Articles 1.3 and 8 of the Royal Decree of 2 September           Justice of the European Communities has ordered the removal
    1985 on bread and other bakery products and Article 14             from the register of Case C-20/99: Commission of the
    of the Law of 24 January 1977 on the protection of                 European Communities v Republic of Austria.
    consumers’ health in relation to foodstuffs and other
    products, in so far as they prohibit the marketing of bread        (1) OJ C 86 of 27.3.1999.