CELEX: C2003/007/21
Language: en
Date: 2003-01-11 00:00:00
Title: Case C-384/02: Reference for a preliminary ruling by the Københavns Byret by order of that Court of 14 August 2002 in the case of Anklagemyndigheden against Knud Grøngaard and Allan Bang

C 7/12                  EN                      Official Journal of the European Communities                                   11.1.2003
Reference for a preliminary ruling by the Vestre Landsret                  (Copenhagen District Court) of 14 August 2002, received at
by order of that Court of 9 October 2002 in the case of                    the Court Registry on 25 October 2002, for a preliminary
            Cimber Air A/S against Skatteministeriet                       ruling in the case of Anklagemyndigheden against Knud
                                                                           Grøngaard and Allan Bang on the following questions:
                          (Case C-382/02)
                            (2003/C 7/20)                                  Question 1
                                                                           Does Article 3(a) of Directive 89/592 (1) preclude a person
                                                                           from disclosing inside information in the case where that
Reference has been made to the Court of Justice of the                     person received the inside information in his capacity as an
European Communities by order of the Vestre Landsret                       employee-elected member of the board of the undertaking to
(Western Regional Court) of 9 October 2002, received at the                which the inside information relates and that information is
Court Registry on 23 October 2002, for a preliminary ruling                disclosed to the general secretary of the trade union which
in the case of Cimber Air A/S against Skatteministeriet on the             organises the employees who elected the person concerned as
following questions:                                                       a board member?
1.     Are Article 15(7) and (9) (referring to Article 15(6)) of
       the Sixth VAT Directive (Council Directive 77/388/
       EEC (1), to be interpreted as meaning that a Member State           Question 2
       is entitled not to exempt from VAT supplies to aircraft
       operating on a domestic route, regardless of the fact that
       the company using the aircraft operates chiefly on                  Does Article 3(a) of Directive 89/592 preclude a person from
       international routes, or is the Member State bound to               disclosing inside information in the case where that person
       exempt such supplies from VAT?                                      received the inside information in his capacity as a member
                                                                           of the undertaking’s corporate liaison committee and that
                                                                           information is disclosed to the general secretary of the trade
2.     If the Court finds that supplies must be exempted from              union which appointed the person concerned to be a member
       VAT if the airline operates chiefly on international routes,        of the corporate liaison committee?
       the Court is asked to state which criteria in the form of, for
       example, turnover, available seat kilometres, passenger
       kilometres or number of passengers and flights, are
       decisive under Article 15(6) for determining whether an             Question 3
       airline can be said to be operating ‘chiefly’ on international
       routes?
                                                                           Does Article 3(a) of Directive 89/592 preclude the general
                                                                           secretary of a trade union from disclosing inside information
                                                                           in the case where that general secretary received the inside
( 1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the
     harmonization of the laws of the Member States relating to
                                                                           information under the circumstances outlined in Question 1
     turnover taxes — Common system of value added tax: uniform            and the information is passed on to:
     basis of assessment (OJ L 145 of 13.06.1977, p. 1).
                                                                           (a)   the general secretary’s two deputies;
                                                                           (b)   the senior administrative manager of the union’s sec-
                                                                                 retariat; and
                                                                           (c)   colleagues of the general secretary within the union’s
                                                                                 secretariat?
Reference for a preliminary ruling by the Københavns
Byret by order of that Court of 14 August 2002 in the
case of Anklagemyndigheden against Knud Grøngaard                          Question 4
                           and Allan Bang
                                                                           Does Article 3(a) of Directive 89/592 preclude the general
                          (Case C-384/02)                                  secretary of a trade union from disclosing inside information
                                                                           in the case where that general secretary received the inside
                                                                           information under the circumstances outlined in Question 2
                            (2003/C 7/21)                                  and the information is passed on to:
                                                                           (a)   the general secretary’s two deputies;
Reference has been made to the Court of Justice of the                     (b)   the senior administrative manager of the union’s sec-
European Communities by order of the Københavns Byret                            retariat; and
 ---pagebreak--- 11.1.2003               EN                    Official Journal of the European Communities                                           C 7/13
(c)    colleagues of the general secretary within the union’s            3.    were outside the territory of the Republic of Austria as a
       secretariat?                                                            result of political persecution or the threat of political
                                                                               persecution and were taken into custody for political or
                                                                               military reasons by a foreign power and detained after
                                                                               the start of the Second World War,
Question 5
                                                                         is to be conditional on such persons holding Austrian national-
What bearing on the answers to Questions 1 to 4 has the fact             ity at the time of application?
that the inside information which is disclosed is
(a)    information on the commencement of merger nego-
       tiations between two companies quoted on the stock
       exchange;
(b)    information on the date of merger of two companies
       quoted on the stock exchange; or                                  Action brought on 4 November 2002 by the Commission
                                                                                 of the European Communities against Ireland
(c)    information on the level of the rise in the value of shares
       in a company quoted on the stock exchange which is                                           (Case C-388/02)
       anticipated by reason of the fact that the company is to
       merge with another quoted company?
                                                                                                     (2003/C 7/23)
( 1) Council Directive 89/592/EEC of 13 November 1989 coordinat-
     ing regulations on insider dealing (OJ L 334 of 18.11.1989,
     p. 30).                                                             An action against Ireland was brought before the Court of
                                                                         Justice of the European Communities on 4 November 2002
                                                                         by the Commission of the European Communities, represented
                                                                         by Maria Patakia and Karen Banks, acting as agents, with an
                                                                         address for service in Luxembourg.
Reference for a preliminary ruling by the Arbeits- und                   The Applicant claims that the Court should:
Sozialgerichts Wien by decision of that Court of 22 Octo-
ber 2002 in the proceedings between Josef Baldinger and                  1.    declare that, by failing to adopt the laws, regulations
           Pensionsversicherungsanstalt der Arbeiter                           and administrative provisions necessary to comply with
                                                                               Directive 1999/42/EC of the European Parliament and of
                                                                               the Council of 7 June 1999 on the establishment of a
                          (Case C-386/02)
                                                                               mechanism for the recognition of qualifications in respect
                                                                               of the professional activities covered by the Directives on
                           (2003/C 7/22)                                       liberalisation and transitional measures and sup-
                                                                               plementing the general systems for the recognition of
                                                                               qualifications ( 1), or in any event by failing to communi-
                                                                               cate them to the Commission, Ireland has failed to fulfil
Reference has been made to the Court of Justice of the                         its obligations under the Directive;
European Communities by decision of the Arbeits- und
Sozialgerichts Wien (Labour and Social Court Vienna) of
                                                                         2.    order Ireland to pay the costs of this action.
22 October 2002, received at the Court Registry on 28 October
2002, for a preliminary ruling in the proceedings between
Josef Baldinger and Pensionsversicherungsanstalt der Arbeiter
(Pension Insurance Scheme for Workers) on the following
                                                                         Pleas in law and main arguments
questions:
Is Article 48(2) of the EC Treaty, on the free movement of               Article 249 EC, under which a directive shall be binding as to
workers, to be interpreted as precluding a national rule which           the result to be achieved, upon each Member State, carries by
provides that entitlement to financial compensation first                implication an obligation on the Member States to observe the
legislated for in the year 2000 for persons who                          period for compliance laid down in the directive. That period
                                                                         expired on 31 July 2001 without Ireland having enacted the
1.     became prisoners of war in the course of the First or             provisions necessary to comply with the directive referred to
       Second World War; or                                              in the conclusions of the Commission.
2.     were taken into custody and detained by a foreign power
       for political or military reasons in the course of the            (1 ) OJ L 201, 31.07.1999, p. 77.
       Second World War or during the period when Austria
       was occupied by the allied forces; or