CELEX: C2002/289/17
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-322/02: Reference for a preliminary ruling by the Sozialgericht Augsburg by order of that Court of 7 March 2002 in the proceedings between Eva-Maria Weller and Deutsche Angestellten-Krankenkasse

C 289/10               EN                   Official Journal of the European Communities                                  23.11.2002
3.  Are Article 141 EC and Article 1 of Directive 75/117/                             ment, it would be possible to schedule working
    EEC and Article 5 of Directive 76/207/EEC and Clause 4                            time (potential working time), if the length of
    of the Framework Agreement on part-time work to be                                prior notice of a job placement should be less
    construed as meaning that it constitutes objectively                              than
    unjustified unequal treatment if, in the case of part-
    timers, on the assumption that the vast majority of them                          (a)   14 days or
    are women (approximately 90 % women and 10 % men),
    an employer expressly rules out an agreement on the                               (b) a reasonable amount of time?
    positioning and amount of working time, whereas in the
    case of full-time workers, on the assumption that women
    are not in that same majority, both the amount and, to
    some extent, the allocation of working time are already
    laid down by statute or collective agreement?
                                                                       Reference for a preliminary ruling by the Bundesfinanz-
                                                                       hof by order of that Court of 4 July 2002 in the
4.  Are Article 141 EC and Article 1 of Directive 75/117/              proceedings between Finanzamt Rendsburg and Detlev
    EEC and Article 5 of Directive 76/207/EEC and Clause 4                                          Harbs
    together with Clause 1(b) (facilitation of the development
    of part-time work) of the Framework Agreement on part-                                    (Case C-321/02)
    time work to be construed as meaning that in order to
    compensate for objectively unjustified unequal treatment                                  (2002/C 289/16)
    it is necessary and permissible
                                                                       Reference has been made to the Court of Justice of the
    A      with regard to the amount of working time, to               European Communities by order of the Bundesfinanzhof
           presume a definite amount and, if so, to presume            (Federal Finance Court) of 4 July 2002, received at the Court
                                                                       Registry on 13 September 2002, for a preliminary ruling in
                                                                       the proceedings between Finanzamt Rendsburg and Detlev
           1.   normal working time, or                                Harbs on the following question:
                                                                       Where the owner of a farm:
           2.   the maximum length of weekly working time
                actually worked, unless the employer can prove         —    gives up part of his farm (the entire dairy cow operation)
                that this was due to unusually high demand for              and leases the property necessary for that operation to
                work at that particular time, or                            another farmer;
                                                                       —    and continues to farm on a not insignificant scale after
           3.   the demand ascertained at the date of con-                  granting the lease,
                clusion of the contract of employment, or
                                                                       may he treat the turnover from the lease — like the rest of his
                                                                       turnover — under the flat-rate scheme for farmers (Article 25
           4.   average weekly working time, and                       of Directive 77/388/EEC), or is the turnover from the lease
                                                                       taxable under the general rules?
    B      with regard to the positioning of working time, in
           order to compensate for the extra burden on the
           worker caused by flexibility and for the benefit
           afforded to the employer, to award the worker
                                                                       Reference for a preliminary ruling by the Sozialgericht
                                                                       Augsburg by order of that Court of 7 March 2002 in the
           1.   a ‘reasonable’ supplement on the hourly wage,          proceedings between Eva-Maria Weller and Deutsche
                determined in the light of the individual cir-                         Angestellten-Krankenkasse
                cumstances in question, or
                                                                                              (Case C-322/02)
           2.   a minimum supplement equal to that paid to                                    (2002/C 289/17)
                full-time workers who work more than normal
                working hours (eight hours a day or forty
                hours a week), or                                      Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Sozialgericht Augsburg
                                                                       (Social Court, Augsburg) of 7 March 2002, received at the
           3.   irrespective of the amount of time worked,             Court Registry on 16 September 2002, for a preliminary ruling
                compensation for time not remunerated as               in the proceedings between Eva-Maria Weller and Deutsche
                working time during which, under the agree-            Angestellten-Krankenkasse on the following questions:
 ---pagebreak--- 23.11.2002              EN                    Official Journal of the European Communities                                       C 289/11
1.     Do Paragraphs 16 and 18 of the Sozialgesetzbuch (Code             group with turbine and generator adapted for low heads’,
       of Social Law) relating to statutory sickness insurance           which was terminated by Commission under Article 8. The
       (‘SGB V’), which in this country make reimbursement of            contract is governed by French law and the parties have agreed
       the costs of dental treatment carried out by a dentist in         to submit any disputes to the Court of Justice of the European
       another Member State subject to authorisation based on            Communities.
       the merits of the case by the insured person’s social
       security institution, infringe Articles 59 and 60 of the
       EC Treaty, even where the national statutory sickness
       insurance scheme is based on the benefit-in-kind principle
       (and not, as in Case C-158/96 Kohll v Union des caisses
       de maladie (1), on the cost-reimbursement principle)?
2.     If, depending on the answer to Question 1, the defendant          Appeal brought on 18 September 2002 (faxed on 12 Sep-
       were to be required, for reasons connected with Com-              tember 2002) by SAT.1 SatellitenFernsehen GmbH
       munity law, to reimburse the costs of the dental treatment        against the judgment delivered on 2 July 2002 by the
       (in this case provided in the Republic of Austria), is the        Second Chamber of the Court of First Instance of the
       amount of the claim for reimbursement governed by the             European Communities in Case T-323/00 between SAT.1
       costs actually incurred or is that amount restricted to the       SatellitenFernsehen GmbH and the Office for Harmonis-
       rates applicable under the national sickness insurance                              ation of the Internal Market
       scheme (in this case that of the Federal Republic of
       Germany)?
                                                                                                 (Case C-329/02 P)
( 1) European Court Reports 1998, page I-01931.                                                   (2002/C 289/19)
                                                                         An appeal against the judgment delivered on 2 July 2002 by
                                                                         the Second Chamber of the Court of First Instance of the
                                                                         European Communities in Case T-323/00 between SAT.1
                                                                         SatellitenFernsehen GmbH and the Office for Harmonisation
Action brought on 16 September 2002 by the Com-
                                                                         of the Internal Market (Trademarks and Designs) was brought
mission of the European Communities against Hydrowatt
                                                                         before the Court of Justice of the European Communities on
                       SARL (‘Hydrowatt’)
                                                                         18 September 2002 (faxed on 12 September 2002) by
                                                                         SAT.1 SatellitenFernsehen GmbH, represented by Reinhard
                          (Case C-323/02)                                Schneider, Rechtsanwalt, Büsing, Müffelmann and Theye,
                                                                         Marktstraße 3, D-28195 Bremen, with an address for service
                          (2002/C 289/18)                                in Luxembourg.
                                                                         The appellant claims that the Court should:
An action against Hydrowatt Sarl (‘Hydrowatt’) was brought
before the Court of Justice of the European Communities on               1.    set aside the contested judgment ( 1), in so far as it
16 September 2002 by the Commission of the European                            dismissed the action (2) as formulated in the form of order
Communities, represented by H. Støvlbæk, acting as Agent and                   sought;
E. Cabau, lawyer, with an address for service in Luxembourg.
                                                                         2.    order the Office to pay the costs.
The Commission of the European Communities claims that
the Court should order Hydrowatt to:
                                                                         Pleas in law and main arguments
—      pay to the Commission the principal sum of
       25 109 euros, together with default interest of
       23 422,91 euros, making a total of 48 531,91 euros;               —     Infringement of Article 7(1)(b) of Council Regulation
                                                                               No 40/94 on the Community trade mark (‘the Regu-
—      pay the Commission’s costs in these proceedings.                        lation’): the Court erred in law in finding that
                                                                               Article 7(1)(b) of the Regulation also pursues the general
                                                                               interest objective of allowing signs covered by that
                                                                               provision to be used freely by everyone. There is,
Pleas in law and main arguments                                                however, no evident reason to assume that indications
                                                                               which are merely not suitable for distinguishing goods or
                                                                               services according to their origin must be available for
The action seeks reimbursement of the part of a subsidy                        free use. In the present case it was therefore necessary for
awarded under a contract for the completion of a project ‘New                  the Court to examine whether the compound sign ‘SAT.2’