CELEX: C2000/355/18
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-358/00: Reference for a preliminary ruling by the Oberlandesgericht Düsseldorf by order of that court of 2 August 2000 in the case of Buchhändler-Vereinigung GmbH against Saur Verlag GmbH & Co. KG and Die Deutsche Bibliothek

C 355/10              EN                    Official Journal of the European Communities                                     9.12.2000
2.   Conversely, does a national provision which, in                   Reference for a preliminary ruling by the Oberlandesge-
     implementing a ‘harmonising’ directive, omits the above-          richt Düsseldorf by order of that court of 2 August 2000
     mentioned requirements, conform with Community law?               in the case of Buchhändler-Vereinigung GmbH against
                                                                       Saur Verlag GmbH & Co. KG and Die Deutsche Bibliothek
                                                                                                (Case C-358/00)
(1) OJ L 141 of 11.6.1993, p. 27.
                                                                                                (2000/C 355/18)
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Oberlandesgericht
                                                                       Düsseldorf (Higher Regional Court, Düsseldorf) of 2 August
                                                                       2000, received at the Court Registry on 27 September 2000,
                                                                       for a preliminary ruling in the case of Buchhändler-Vereinigung
                                                                       GmbH against Saur Verlag GmbH & Co. KG and Die Deutsche
                                                                       Bibliothek on the following question concerning the interpret-
                                                                       ation of Articles 1 and 8 of Council Directive 97/52/EEC (1) of
                                                                       18 June 1992 concerning the coordination of procedures for
                                                                       the award of public service contracts, amended by Directive
Reference for a preliminary ruling by the Verwaltungsge-               97/52/EC (2) of 13 October 1997 (hereinafter ‘the Service
richt Bremen by order of 22 May 2000 in the case of Fikri              Directive’):
              Akdenk v Stadtgemeinde Bremen
                                                                       Does the Service Directive also apply to a contract
                        (Case C-357/00)                                (a)   by which the contracting authority confers on the
                                                                             contractor the exclusive publishing rights (right of repro-
                                                                             duction and distribution) in a bibliography compiled by
                                                                             it — in this case the German National Bibliography,
                        (2000/C 355/17)
                                                                       (b) which requires the contractor to reproduce and market
                                                                             the bibliography on his own account and to pay the
Reference has been made to the Court of Justice of the                       contracting authority a reasonable fee on the basis of the
European Communities by order of 22 May 2000 by the                          publishing proceeds for each copy sold, and
Verwaltungsgericht (Administrative Court) Bremen, which was
received at the Court Registry on 27 September 2000, for a             (c)   in which the contracting authority reserves rights of
preliminary ruling in the case of Fikri Akdenk v Stadtgemeinde               supervision and codetermination with regard to the
Bremen on the following questions:                                           reproduction and distribution of the bibliography?
1.   Is a family member within the meaning of Article 7, first         (1) OJ L 209 of 24.7.1992, p. 1.
     paragraph, first indent, of Decision No 1/80 of the EEC-          (2) OJ L 328 of 28.11.1997, p. 1.
     Turkey Association Council on the development of the
     Association (Decision No 1/80) entitled to have access to
     the labour market even in the case where, after satisfying
     the conditions set out in the first paragraph of Article 7
     of Decision No 1/80, he has been given a custodial
     sentence of seven years and six months, of which he shall
     have to serve at least one half or two thirds?
                                                                       Reference for a preliminary ruling by order of the
                                                                       Bundesgerichtshof of 30 March 2000 in the case of Land
                                                                       Hessen against G. Ricordi & Co. Bühnen- und Musikverlag
2.   Does a right of access to the labour market also exist                                          GmbH
     under the first paragraph of Article 7 of Decision No 1/80,
     notwithstanding a long-term custodial sentence, in the
     case where the member of the family of the Turkish                                         (Case C-360/00)
     worker is entitled only to respond to any offer of
     employment subject to the priority to be given to workers                                  (2000/C 355/19)
     from the Member States (Article 7, first paragraph, first
     indent)?                                                          Reference has been made to the Court of Justice of the
                                                                       European Communities by the Bundesgerichtshof (Federal
                                                                       Court of Justice) by order of 30 March 2000, received at the
                                                                       Court Registry on 28 September 2000, for a preliminary ruling
                                                                       in the case of Land Hessen against G. Ricordi & Co. Bühnen-
                                                                       und Musikverlag GmbH on the following question: