CELEX: C2001/200/05
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 29 March 2001 in Case C-62/99 (reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf): Betriebsrat der bofrost* Josef H. Boquoi Deutschland West GmbH & Co. KG v Bofrost* Josef H. Boquoi Deutschland West GmbH & Co. KG (Reference for a preliminary ruling — Article 11(1) and (2) of Directive 94/45/EC — Information to be made available by undertakings on request — Information intended to establish the existence of a controlling undertaking within a Community-scale group of undertakings)

C 200/4                  EN                     Official Journal of the European Communities                                          14.7.2001
                  JUDGMENT OF THE COURT                                          able to obtain to the internal workers’ representative bodies
                                                                                 requesting it. Communication of documents clarifying and
                          (Sixth Chamber)                                        explaining the information which is indispensable for that
                                                                                 purpose may also be required, in so far as that communication
                                                                                 is necessary in order that the employees concerned or their
                          of 29 March 2001                                       representatives may gain access to information enabling them
                                                                                 to determine whether or not they are entitled to request the
in Case C-62/99 (reference for a preliminary ruling from                         opening of negotiations.
the Landesarbeitsgericht Düsseldorf): Betriebsrat der bof-
rost* Josef H. Boquoi Deutschland West GmbH & Co. KG
v Bofrost* Josef H. Boquoi Deutschland West GmbH &                         (1) OJ C 160 of 5.6.1999.
                              Co. KG (1)
(Reference for a preliminary ruling — Article 11(1) and (2)
of Directive 94/45/EC — Information to be made available
by undertakings on request — Information intended to
establish the existence of a controlling undertaking within a
            Community-scale group of undertakings)
                                                                                            JUDGMENT OF THE COURT
                           (2001/C 200/05)
                                                                                                     (Sixth Chamber)
                    (Language of the case: German)                                                  of 29 March 2001
                                                                           in Case C-163/99: Portuguese Republic v Commission of
(Provisional translation; the definitive translation will be published                      the European Communities (1)
                    in the European Court Reports)
                                                                           (Competition — Exclusive rights — Airport administration
In Case C-62/99: reference to the Court under Article 177 of               — Landing charges — Article 90(3) of the EC Treaty (now
the EC Treaty (now Article 234 EC) from the Landesarbeitsger-                                       Article 86(3) EC))
icht Düsseldorf (Düsseldorf Higher Labour Court) (Germany)
for a preliminary ruling in the proceedings pending before
that court between Betriebsrat der bofrost* Josef H. Boquoi                                           (2001/C 200/06)
Deutschland West GmbH & Co. KG and Bofrost* Josef
H. Boquoi Deutschland West GmbH & Co. KG — on the
interpretation of Article 11(1) and (2) of Council Directive                                 (Language of the case: Portuguese)
94/45/EC of 22 September 1994 on the establishment of a
European Works Council or a procedure in Community-scale
undertakings and Community-scale groups of undertakings                    (Provisional translation; the definitive translation will be published
for the purposes of informing and consulting employees (OJ                                     in the European Court Reports)
1994 L 254, p. 64) — the Court (Sixth Chamber), composed
of: C. Gulmann, President of the Chamber, V. Skouris, J.-                  In Case C-163/99: Portuguese Republic (Agents: L. Fernandes,
P. Puissochet, R. Schintgen and F. Macken (Rapporteur), Judges;            M.L. Duarte and F. Viegas) v Commission of the European
A. Saggio, Advocate General; R. Grass, for the Registrar, has              Communities (Agents: K. Leivo and M. Afonso and sub-
given a judgment on 29 March 2001, in which it has ruled:                  sequently M. Afonso and M. Erhart) — application for
                                                                           annulment of Commission Decision 1999/199/EC of 10 Feb-
1.    On a proper construction of Article 11(1) and (2) of                 ruary 1999 relating to a proceeding pursuant to Article 90 of
      Council Directive 94/45/EC of 22 September 1994 on the               the Treaty (IV/35.703 — Portuguese airports) (OJ 1999 L 69,
      establishment of a European Works Council or a procedure in          p. 31) — the Court (Sixth Chamber), composed of: C. Gul-
      Community-scale undertakings and Community-scale groups              mann, President of the Chamber, V. Skouris, J.-P. Puissochet
      of undertakings for the purposes of informing and consulting         (Rapporteur), R. Schintgen and F. Macken, Judges; J. Mischo,
      employees, an undertaking which is part of a group of                Advocate General; H. von Holstein, Deputy Registrar, for the
      undertakings is required to supply information to the internal       Registrar, has given a judgment on 29 March 2001, in which
      workers’ representative bodies, even where it has not yet been       it:
      established that the management to which the workers’ request
      is addressed is the management of a controlling undertaking          1.    Dismisses the application;
      within a group of undertakings.
                                                                           2.    Orders the Portuguese Republic to pay the costs.
2.    Where information relating to the structure or organisation of
      a group of undertakings forms part of the information which is
      essential to the opening of negotiations for the setting-up of a     (1) OJ C 226 of 7.8.1999.
      European Works Council or for the transnational information
      and consultation of employees, an undertaking within the group
      is required to supply the information which it possesses or is