CELEX: C2002/084/58
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-413/01: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that court of 13 September 2001 in the case of Franca Ninni-Orsache v Bundesminister für Wissenschaft, Verkehr und Kunst

6.4.2002               EN                      Official Journal of the European Communities                                       C 84/35
Reference for a preliminary ruling by the Verwaltungs-                              2.2.1. the fact that shortly after the employment
gerichtshof by order of that court of 13 September 2001                                     relationship ended he became eligible for entry
in the case of Franca Ninni-Orsache v Bundesminister für                                    to university in the host country by virtue of
              Wissenschaft, Verkehr und Kunst                                               having completed his schooling in his country
                                                                                            of origin and/or
                         (Case C-413/01)
                                                                                    2.2.2. immediately following termination of that
                          (2002/C 84/58)                                                    employment relationship until beginning his
                                                                                            studies, he was looking for another job?
                                                                          Is it relevant to the answer to this question that the other job
Reference has been made to the Court of Justice of the
                                                                          sought by the person in question constitutes a sort of
European Communities by order of the Verwaltungsgerichts-
                                                                          continuation at a similar (low) level of the job which he was
hof (Administrative Court of Appeal) of 13 September 2001
                                                                          doing for a fixed period but which has come to an end, or a
which was received at the Court Registry on 17 October 2001,
                                                                          job which corresponds to the higher level of education
for a preliminary ruling in the case of Franca Ninni-Orsache v
                                                                          achieved in the meantime?
Bundesminister für Wissenschaft, Verkehr und Kunst on the
following questions:
1.1.     Does the fact that an EU citizen works for a short
         period (two and a half months) that is fixed from the
         outset in a Member State of which he is not a national
         confer on him the status of a worker under Article 48
         of the EC Treaty (now Article 39 EC)?
1.2.     When determining whether he is a worker in the
         above sense in such a case, are any of the following             Reference for a preliminary ruling by the Tribunal Supre-
         circumstances significant:                                       mo, Sala de lo Contencioso-Administrativo, Sección Ter-
                                                                          cera by order of 3 October 2001 in the case of Sociedad
                                                                          Cooperativa General Agropecuaria (ACOR) and Adminis-
         1.2.1.     the fact that he took up the job only some            tración General del Estado, Azucareras Reunidas de Jaén
                    years after his entry into the host State;                           and Azucarera Ebro Agrı́colas SA
         1.2.2.     the fact that shortly after the end of his short,                              (Case C-416/01)
                    fixed-term employment relationship he
                    became eligible for entry to university in the
                    host country by virtue of having completed                                      (2002/C 84/59)
                    his schooling in his country of origin;
         1.2.3.     the fact that he attempted to find a new job
                    in the period between the end of the short,
                    fixed-term employment relationship and the            Reference has been made to the Court of Justice of the
                    time when he took up his studies?                     European Communities by order of 3 October 2001 by the
                                                                          Tribunal Supremo (Supreme Court), Sala de lo Contencioso-
                                                                          Administrativo, Sección Tercera, (Chamber for Contentious
                                                                          Administrative Proceedings, Division Three), which was
2.     If he is a (migrant) worker under Question 1:                      received at the Court Registry on 22 October 2001, for a
                                                                          preliminary ruling in the case of Sociedad Cooperativa General
                                                                          Agropecuaria (ACOR) and Administración General del Estado,
2.1.    Does the termination, by expiry of time, of an employ-            Azucareras Reunidas de Jaén and Azucarera Ebro Agrı́colas SA
        ment relationship which is limited from the outset to             on the following questions:
        a fixed term constitute a voluntary termination?
2.2.    If so, in such a case, when assessing whether or not              If, in the exercise of its power of administrative review of a
        the termination of the employment relationship was                merger of undertakings, the authorities of a Member State
        voluntary or involuntary, are any of the following                deem it necessary to redistribute sugar production quotas
        circumstances significant, either in themselves or in             among undertakings situated in its territory in order to
        conjunction with the other factors referred to herein:            safeguard competition: