CELEX: C2002/144/43
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-147/02: Reference for a preliminary ruling by the Court of Appeal (England and Wales) (Civil Division), by order of that court dated 27 March 2002, in the case of Mrs M.K. Alabaster against 1) Woolwich PLC, 2) Secretary of State for Social Security

15.6.2002             EN                   Official Journal of the European Communities                                      C 144/25
importance, there would be no obligation in Italy to apply the        3.    Does the answer to Question 2 turn on whether the
conservation measures laid down in Article 6(2) of the directive            difference in the rules in the Member State of manufacture
to that site during the consultation period and pending a                   and the Member State of importation results from the
Council decision.                                                           fact that different use has been made of the possibility to
                                                                            lay down rules under Article 12(2)(b) of Directive No 70/
                                                                            524/EEC?
(1) OJ L 206 of 22.7.1992, p. 7.
                                                                      (1) OJ L 270 of 14.12.1970, p. 1.
                                                                      Reference for a preliminary ruling by the Court of Appeal
                                                                      (England and Wales) (Civil Division), by order of that
                                                                      court dated 27 March 2002, in the case of Mrs M.K.
                                                                      Alabaster against 1) Woolwich PLC, 2) Secretary of State
Reference for a preliminary ruling by the Bundesverwal-                                       for Social Security
tungsgericht by order of that Court of 31 January 2002 in
the case of Land Nordrhein-Westfalen against Denkavit
Futtermittel GmbH, Interested party: Vertreter des Bun-                                        (Case C-147/02)
      desinteresses at the Bundesverwaltungsgericht
                                                                                               (2002/C 144/43)
                        (Case C-145/02)
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the Court of Appeal
                        (2002/C 144/42)                               (England and Wales) (Civil Division) dated 27 March 2002,
                                                                      which was received at the Court Registry on 22 April 2002,
                                                                      for a preliminary ruling in the case of Mrs M.K. Alabaster
                                                                      against 1) Woolwich PLC, 2) Secretary of State for Social
                                                                      Security, on the following questions:
Reference has been made to the Court of Justice of the                In a situation where:
European Communities by order of the Bundesverwaltungsge-
richt (Federal Administrative Court) of 31 January 2002,              a)    the earnings-related element of a woman’s Statutory
received at the Court Registry on 18 April 2002, for a                      Maternity Pay (‘SMP’) is calculated by reference to her
preliminary ruling in the case of Land Nordrhein-Westfalen                  normal weekly earnings for a eight week period ending
against Denkavit Futtermittel GmbH, Interested party: Vertreter             on 15th week before the expected week of confinement
des Bundesinteresses (Representative of the Federal Interest) at            (‘the relevant period’), and
the Bundesverwaltungsgericht on the following questions:
                                                                      b)    the employer grants a pay rise, which is not back-dated
                                                                            to the relevant period, at any time after the end of
1.   Are national provisions of the law on feedingstuffs, which             the relevant period used for calculating that woman’s
     prohibit imports of a feedingstuff manufactured lawfully               earnings-related element of SMP and before the end of
     in another Member State on the ground that the level of                her maternity leave:
     vitamin D 3 does not comply with the law of the State of
     importation, to be assessed directly in the light of
     Articles 28 and 30 EC?
                                                                      Question 1
2.   Is Article 19 of Directive 70/524/EEC (1) concerning
     additives to be interpreted as permitting the prohibition        Is Article 141 of the EC Treaty and the judgment in Gillespie
     on imports of a supplementary feedingstuff manufactured          [1996] ECR I-475 to be interpreted as meaning that the
     lawfully in another Member State on the ground that it           woman is entitled to have that pay rise taken into consideration
     exceeds the level of vitamin D 3 permitted in the Member         in calculating or re-calculating the earnings-related element of
     State of importation?                                            her SMP?
 ---pagebreak--- C 144/26              EN                    Official Journal of the European Communities                                      15.6.2002
Question 2                                                             interpreted as precluding the Belgian administrative authority,
                                                                       to which an application to change the surname of minor
Is the answer to Question 1 affected by whether the effective          children residing in Belgium who have dual Belgian and
date of the pay rise commences:                                        Spanish nationality has been made on the ground, without
                                                                       other special circumstances, that those children should bear
(i)   prior to the beginning of the woman’s maternity leave,           the surname to which they are entitled according to Spanish
                                                                       law and tradition, from refusing that change by stating that
(ii) prior to the ending of the period of the earnings-related         that type of application is habitually rejected on the ground
      period of her SMP, or                                            that, in Belgium, children bear their father’s surname’, particu-
                                                                       larly where the position usually adopted by the authority
                                                                       results from the fact that it considers that the grant of a
(iii) on some other date and, if so, on what date?
                                                                       different surname may, in the context of social life in Belgium,
                                                                       arouse questions as to the parentage of the child concerned,
                                                                       but that, in order to reduce the difficulties associated with dual
Question 3                                                             nationality, it is suggested to applicants in that situation
                                                                       that they adopt only the father’s first surname, and that,
If the answer to Question 1 is in the affirmative,                     exceptionally, where there are few connecting factors to
                                                                       Belgium or it is appropriate to re-establish the same surname
(i)   how should the calculation or re-alculation of the normal        among siblings, a favourable decision may be taken?
      weekly earnings in the relevant period take into account
      the pay rise?
(ii) Should the relevant period be changed?
(iii) What allowance, if any, should be made for other factors
      occurring within the period to which the pay rise relates
      such as the numbers of hours worked, and the reason for
      the pay increase?
(iv) Does it follow that if there is a reduction in pay after the      Reference for a preliminary ruling by the Giudice di Pace
      end of the relevant period but before the end of the             di Genova by order of that Court of 18 April 2002 in the
      woman’s period of maternity leave, her SMP should be             action brought by Valentina Neri against the European
      calculated or re-calculated to take account of the               School of Economics (ESE INSIGHT World Education
      reduction of pay, and if so, how is this to be done?                                       System Ltd)
                                                                                               (Case C-153/02)
                                                                                               (2002/C 144/45)
Reference for a preliminary ruling by the Conseil d’Etat,
section d’administration by judgment of that Court of
21 December 2001 in the case of Carlos Garcia Avello
                       against Etat Belge
                        (Case C-148/02)                                Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Giudice di Pace di
                                                                       Genova (Office of the Magistrate Genoa) of 18 April 2002,
                        (2002/C 144/44)                                received at the Court Registry on 26 April 2002, for a
                                                                       preliminary ruling in the action brought by Valentina Neri
                                                                       against the European School of Economics (ESE INSIGHT
                                                                       World Education System Ltd) on the following questions:
Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’Etat,
section d’administration (Belgian Council of State, administrat-       1.    Are the rules or administrative practices of the national
ive section) of 21 December 2001, received at the Court                      legal order, such as those described at points III and IV
Registry on 24 April 2002, for a preliminary ruling in the case              hereof, compatible with the principles of the EC Treaty
of Carlos Garcia Avello against Etat Belge on the following                  concerning the free movement of persons (Article 39 et
question:                                                                    seq EC), the right of establishment (Article 43 et seq. EC)
                                                                             and freedom to provide services (Article 49 et seq. EC), as
Are the principles of Community law relating to European                     interpreted by the Court of Justice. Of particular relevance
citizenship and to the freedom of movement of persons,                       in that regard are national rules and/or administrative
enshrined particularly in Articles 17 [EC] and 18 [EC], to be                practices which: