CELEX: C2001/289/19
Language: en
Date: 2001-10-13 00:00:00
Title: Case C-255/01: Reference for a preliminary ruling by the Simvoulio tis Epikratias by judgment of that court of 12 June 2001 in the case of Panagiotis Markopoulos and Others against the Minister for Development, the Soma Orkoton Elegkton and Others

C 289/10                EN                      Official Journal of the European Communities                                   13.10.2001
2.   Would it not be an alternative more compatible with                        registered, the holder commits an offence when driving a
     fundamental rights to restrict the obligation to disclose                  motor vehicle in the Netherlands?
     company data to undertakings for which independent
     auditors have found problems with specific data of
     the undertaking and hence a special public need for                   2.   Does national legislation such as that described in the
     information?                                                               first question and which has the consequences set out
                                                                                therein constitute a restriction on the free movement of
                                                                                persons and, if so, can that restriction be justified by the
3.   Are the disclosure obligations in the First and Fourth                     consideration that it enables the data featured on the
     Directives compatible with the fundamental rights under                    document to be regularly renewed and the document to
     the European Charter of Fundamental Rights?                                be adjusted to technological improvements as regards the
                                                                                requirements which the document should meet from the
                                                                                point of view of security and prevention of fraud?
4.   Did the data protection directive, telecommunications
     directive and administrative assistance directive derogate
     substantively from the disclosure directives?
                                                                           (1) OJ 1991, L 237, p. 1.
(1) OJ, English Special Edition 1968(I), p. 41.
(2) OJ 1978 L 222, p. 11.
                                                                           Reference for a preliminary ruling by the Simvoulio tis
                                                                           Epikratias by judgment of that court of 12 June 2001 in
                                                                           the case of Panagiotis Markopoulos and Others against
                                                                           the Minister for Development, the Soma Orkoton
Reference for a preliminary ruling by the Arrondisse-                                           Elegkton and Others
mentsrechtbank Rotterdam by judgment of that court of
27 June 2001 in the case of S. Klip-Krüger against Board
of the Dienst Wegverkeer, a public agency having legal                                               (Case C-255/01)
                             personality
                                                                                                    (2001/C 289/19)
                          (Case C-253/01)
                                                                           Reference has been made to the Court of Justice of the
                          (2001/C 289/18)                                  European Communities by judgment of the Simvoulio tis
                                                                           Epikratias (Council of State) of 12 June 2001, received at the
                                                                           Court Registry on 3 July 2001, for a preliminary ruling in the
Reference has been made to the Court of Justice of the                     case of Panagiotis Markopoulos and Others against the Minister
European Communities by judgment of the Arrondissements-                   for Development, the Soma Orkoton Elegkton (Institute of
rechtbank Rotterdam (District Court, Rotterdam) of 27 June                 Certified Auditors) and Others on the following questions:
2001, received at the Court Registry on 2 July 2001, for a
preliminary ruling in the case of S. Klip-Krüger v Board of the
Dienst Wegverkeer (road traffic authority), a public agency                a)   May the national legislature, on the basis of Article 15 of
having legal personality, on the following questions:                           the Eighth Council Directive 84/253/EEC of 10 April
                                                                                1984 (1), make use of the power provided for by that
                                                                                article and provide for the possibility for various catego-
1.   Must the Directive (1) — more particularly Article 1(1)                    ries of persons to be approved to audit accounting
     and (2) thereof — be interpreted as meaning that national                  documents, in derogation from the permanent rules,
     legislation adopted in implementation thereof is consist                   that is to say without first sitting an examination of
     with it where under that legislation an obligation exists                  professional competence, when the Member State in
     or arises for the holder of a driving licence issued by the                question has already, before the adoption of the directive,
     competent authority in the Federal Republic of Germany,                    laid down that examination in national law? In any event,
     which is valid for the holder’s lifetime, to exchange that                 may the national legislature make repeated use of the
     licence within one year of moving his normal place of                      power to adopt transitional provisions on the basis of the
     residence to the Netherlands, because a driving licence                    abovementioned article of the directive, in particular after
     issued more than ten years previously cannot be registered                 the deadline of 1 January 1991 (Article 15 in conjunction
     in the Netherlands and, if the driving licence is not                      with Article 30(2) of the directive)?
 ---pagebreak--- 13.10.2001            EN                     Official Journal of the European Communities                                       C 289/11
b)   Does Article 11 of the Directive simply mean that, if a                  eligible to join the Scheme can comply with the require-
     candidate for approval to audit accounting documents in                  ment of being employed under a contract of employment,
     a Member State of the European Union has obtained,                       and by establishing that the requirement is not objectively
     under the regime which applied before harmonisation,                     justified?
     some of the required qualifications in another Member
     State, the Member State from which approval is sought
     regards those qualifications as having been obtained in
     that same State and does not introduce an exception to
     the generally applicable rule that approval is granted only
     after an examination of professional competence has
     been passed? Or is it to be interpreted as allowing a
     person holding an approval to audit accounting docu-               Reference for a preliminary ruling by the Tribunale di
     ments which has been granted to him in a Member State              Bari — Sezione distaccata di Altamura, by order of that
     under the regime which applied before harmonisation to             court of 28 June 2001 in the case of Walter Ferro against
     receive the corresponding approval in another Member                                       Giovanni Santoro
     State without being obliged to sit an examination of
     professional competence, but just on a simple finding                                       (Case C-273/01)
     that his qualifications are equivalent?
                                                                                                 (2001/C 289/21)
(1) OJ L 126, 12.5.1984, p. 20.                                         Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Tribunale di Bari —
                                                                        Sezione distaccata di Altamura (Bari District Court, Altamura
                                                                        Division) of 28 June 2001, which was received at the Court
                                                                        Registry on 12 July 2001, for a preliminary ruling in the case
                                                                        of Walter Ferro against Giovanni Santoro on the following
                                                                        question:
                                                                        ‘whether Directive 86/653/EEC (1) on the coordination of the
                                                                        laws of the Member States relating to self-employed commer-
Reference for a preliminary ruling by the Court of Appeal               cial agents and, in any event, the principles of Community law
(England & Wales) (Civil Division), by order of that court              of freedom of movement and the freedom to provide services
of 22 June 2001, in the case of Debra Allonby against 1)                are to be interpreted as being compatible with national
Accrington & Rossendale College, 2) Education Lecturing                 legislation which makes the right of brokers to payment for
Services, 3) Secretary of State for Education and Employ-               services conditional upon their being entered in the appropri-
                               ment                                     ate register.’
                        (Case C-256/01)                                 (1) Council Directive 86/653/EEC of 18 December 1986 on the
                                                                            coordination of the laws of the Member States relating to self-
                                                                            employed commercial agents OJ L 382, 31.12.1986, p. 17.
                        (2001/C 289/20)
Reference has been made to the Court of Justice of the
European Communities by an order of the Court of Appeal
(England & Wales) (Civil Division) of 22 June 2001, which was
received at the Court Registry on 3 July 2001, for a preliminary        Reference for a preliminary ruling by the House of Lords
ruling in the case of Debra Allonby against 1) Accrington &             (United Kingdom), by order of that court of 7 June 2001,
Rossendale College, 2) Education Lecturing Services, 3) Sec-            in the case of Sinclair Collis Ltd against Commissioners of
retary of State for Education and Employment, on the follow-                                   Customs and Excise
ing questions:
                                                                                                 (Case C-275/01)
1.   Does Article 141 have direct effect so as to enable a
     woman to claim equal pay with a man in the circum-                                          (2001/C 289/22)
     stances of this case?
                                                                        Reference has been made to the Court of Justice of the
2.   Does Article 141 have direct effect so as to entitle               European Communities by an order of the House of Lords
     Mrs Allonby to claim access to the pension scheme either           (United Kingdom) of 7 June 2001, which was received at the
     (i) by comparing herself with Mr Johnson or (ii) by                Court Registry on 12 July 2001, for a preliminary ruling in the
     showing statistically that a considerably smaller pro-             case of Sinclair Collis Ltd against Commissioners of Customs
     portion of female than of male teachers who are otherwise          and Excise, on the following question: