CELEX: C2002/169/13
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (Second Chamber) 30 May 2002 in Joined Cases C-284/00 and C-288/00 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Stratmann GmbH und Co. KG v Landrätin des Kreises Wesel (C-284/00) and Fleischversorgung Neuss GmbH und Co. v Landrat des Kreises Neuss (C-288/00) (Common agricultural policy — Fees for health inspections and controls in respect of fresh meat)

C 169/8                 EN                      Official Journal of the European Communities                                           13.7.2002
                  JUDGMENT OF THE COURT                                          ment relationship or a collective agreement binding the trans-
                                                                                 feror as regards that employee, are transferred to the transferee
                                                                                 subject to the conditions and limitations laid down by that
                                                                                 article, regardless of the fact that those obligations derive from
                            4 June 2002
                                                                                 statutory instruments or are implemented by such instruments
                                                                                 and regardless of the practical arrangements adopted for such
                                                                                 implementation.
in Case C-164/00 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Queen’s
Bench Division): Katia Beckmann v Dynamco Whicheloe                        (1) OJ C 192 of 8.7.2000.
                         Macfarlane Ltd (1)
(Directive 77/187/EEC — Safeguarding of employees’ rights
in the event of transfers of undertakings, businesses or parts
of businesses — Conditions for appplying exceptions to
maintenance of rights — Benefits provided for in the event                                   JUDGMENT OF THE COURT
                            of dismissal)
                                                                                                     (Second Chamber)
                          (2002/C 169/12)
                                                                                                        30 May 2002
                    (Language of the case: English)                        in Joined Cases C-284/00 and C-288/00 (Reference for a
                                                                           preliminary ruling from the Bundesverwaltungsgericht):
                                                                           Stratmann GmbH und Co. KG v Landrätin des Kreises
                                                                           Wesel (C-284/00) and Fleischversorgung Neuss GmbH
                                                                                und Co. v Landrat des Kreises Neuss (C-288/00) (1)
In Case C-164/00: Reference to the Court under Article 234                 (Common agricultural policy — Fees for health inspections
EC by the High Court of Justice of England and Wales, Queen’s                             and controls in respect of fresh meat)
Bench Division, for a preliminary ruling in the proceedings
pending before that court between Katia Beckmann and
                                                                                                      (2002/C 169/13)
Dynamco Whicheloe Macfarlane Ltd, on the interpretation of
Article 3 of Council Directive 77/187/EEC of 14 February
1977 on the approximation of the laws of the Member States                                     (Language of the case: German)
relating to the safeguarding of employees’ rights in the event
of transfers of undertakings, businesses or parts of businesses            (Provisional translation; the definitive translation will be published
(OJ 1977 L 61, p. 26), the Court (Sixth Chamber), composed                                     in the European Court Reports)
of: G.C. Rodrı́guez Iglesias, President, N. Colneric, and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola, J.-P. Puissochet (Rapporteur), M. Wathelet,
R. Schintgen, J.N. Cunha Rodrigues and C.W.A. Timmermans,                  In Joined Cases C-284/00 and C-288/00: Reference to the
Judges; S. Alber, Advocate General; L. Hewlett, Administrator,             Court under Article 234 EC by the Bundesverwaltungsgericht
for the Registrar, has given a judgment on 4 June 2002, in                 (Germany) for a preliminary ruling in the proceedings pending
which it has ruled:                                                        before that court between Stratmann GmbH und Co. KG
                                                                           and Landrätin des Kreises Wesel (C-284/00), and between
                                                                           Fleischversorgung Neuss GmbH und Co. KG and Landrat des
1.    Early retirement benefits and benefits intended to enhance the       Kreises Neuss (C-288/00), on the interpretation of, first,
      conditions of such retirement, paid in the event of dismissal to     Council Directive 85/73/EEC of 29 January 1985 on the
      employees who have reached a certain age, such as the benefits       financing of health inspections and controls of fresh meat and
      at issue in the main proceedings, are not old-age, invalidity or     poultrymeat (OJ 1985 L 32, p. 14) and Council Decision 88/
      survivors’ benefits under supplementary company or inter-            408/EEC of 15 June 1988 on the levels of the fees to be
      company pension schemes within the meaning of Article 3(3)           charged for health inspections and controls of fresh meat
      of Council Directive 77/187/EEC of 14 February 1977 on the           pursuant to Directive 85/73 (OJ 1988 L 194, p. 24) and,
      approximation of the laws of the Member States relating to the       secondly, Directive 85/73 as amended by Council Directive
      safeguarding of employees’ rights in the event of transfers of       93/118/EC of 22 December 1993 (OJ 1993 L 340, p. 15), in
      undertakings, businesses or parts of businesses.                     conjunction with Council Directive 64/433/EEC of 26 June
                                                                           1964 on health problems affecting intra-Community trade in
                                                                           fresh meat (OJ, English Special Edition 1963-64, p. 185) both
2.    On a proper construction of Article 3 of Directive 77/187, the       in the version resulting from Council Directive 89/662/EEC of
      obligations applicable in the event of the dismissal of an           11 December 1989 concerning veterinary checks in intra-
      employee, arising from a contract of employment, an employ-          Community trade with a view to the completion of the internal
 ---pagebreak--- 13.7.2002                EN                       Official Journal of the European Communities                                            C 169/9
market (OJ 1989 L 395, p. 13) and in that resulting from                     ruling in the proceedings pending before that court between
Council Directive 91/497/EEC of 29 July 1991 amending and                    Prefetto Provincia di Cuneo and Silvano Carbone, in his
consolidating Directive 64/433 to extend it to the production                capacity as sole director of the company Expo Casa Manta Srl,
and marketing of fresh meat (OJ 1991 L 268, p. 69), the Court                on the interpretation of Council Regulation (EC) No 519/94
(Second Chamber), composed of: N. Colneric, President of the                 of 7 March 1994 on common rules for imports from certain
Chamber, R. Schintgen (Rapporteur) and V. Skouris, Judges;                   third countries and repealing Regulations (EEC) Nos 1765/82,
P. Léger, Advocate General; M.-F. Contet, Administrator, for                 1766/82 and 3420/83 (OJ 1994 L 67, p. 89) and Council
the Registrar, has given a judgment on 30 May 2002, in which                 Regulation (EC) No 3285/94 of 22 December 1994 on the
it has ruled:                                                                common rules for imports and repealing Regulation (EC)
                                                                             No 518/94 (OJ 1994 L 349, p. 53), the Court (Second
Costs of bacteriological examinations and examinations for trichinae         Chamber), composed of: N. Colneric (Rapporteur), President
carried out in accordance with Council Directive 64/433/EEC of               of the Chamber, R. Schintgen and V. Skouris, Judges; L.A. Geel-
26 June 1964 on health problems affecting intra-Community trade              hoed, Advocate General; R. Grass, Registrar, has given a
in fresh meat, both in the version resulting from Council Directive          judgment on 30 May 2002, in which it has ruled:
89/662/EEC of 11 December 1989 concerning veterinary checks in
intra-Community trade with a view to the completion of the internal          Council Regulation (EC) No 519/94 of 7 March 1994 on
market and in that resulting from Council Directive 91/497/EEC of            common rules for imports from certain third countries and repealing
29 July 1991 amending and consolidating Directive 64/433 to                  Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83 and
extend it to the production and marketing of fresh meat, are covered         Council Regulation (EC) No 3285/94 of 22 December 1994 on
by the Community fee levied by the Member States for health                  common rules for imports and repealing Regulation (EC) No 518/
inspections and controls in respect of fresh meat pursuant to, first,        94 do not affect a Member State’s rules as regards the placing on the
Council Directive 85/73/EEC of 29 January 1985 on the financing              market of products imported from third countries.
of health inspections and controls of fresh meat and poultrymeat and
Council Decision 88/408/EEC of 15 June 1988 on the levels of the
fees to be charged for health inspections and controls of fresh meat         (1) OJ C 302 of 21.10.2000.
pursuant to Directive 85/73 and, secondly, Directive 85/73 as
amended by Council Directive 93/118/EC of 22 December 1993.
(1) OJ C 302 of 21.10.2000.
                                                                                              JUDGMENT OF THE COURT
                                                                                                     (Second Chamber)
                  JUDGMENT OF THE COURT                                                                  14 May 2002
                         (Second Chamber)                                    in Case C-383/00: Commission of the European Communi-
                                                                                         ties v Federal Republic of Germany(1)
                             30 May 2002
                                                                             (Failure by a Member State to fulfil its obligations —
in Case C-296/00 (Reference for a preliminary ruling from                    Directive 96/82/EC — Failure to implement within the
the Corte suprema di cassazione): Prefetto Provincia di                                               prescribed period)
                   Cuneo v Silvano Carbone (1)
                                                                                                       (2002/C 169/15)
(Regulations (EC) Nos 519/94 and 3285/94 — Scope —
Placing on the market of cordless telephones coming from
                            third countries)                                                    (Language of the case: German)
                           (2002/C 169/14)                                   (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                     (Language of the case: Italian)
(Provisional translation; the definitive translation will be published       In Case C-383/00, Commission of the European Communities
                    in the European Court Reports)                           (Agent: G. zur Hausen) v Federal Republic of Germany (Agents:
                                                                             W.-D. Plessing and B. Muttelsee-Schön): Application for a
                                                                             declaration that, by failing to take, within the prescribed
                                                                             period, all the measures necessary to comply with Council
In Case C-296/00: Reference to the Court under Article 234                   Directive 96/82/EC of 9 December 1996 on the control of
EC by the Corte suprema di cassazione (Italy) for a preliminary              major-accident hazards involving dangerous substances