CELEX: C1998/151/02
Language: en
Date: 1998-05-16 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 March 1998 in Case C-319/94 (reference for a preliminary ruling from the Cour du Travail, Liège): Jules Dethier Équipment SA v. Jules Dassy and Sovam SPRL, in liquidation (Safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses - Transfer of an undertaking being wound up voluntarily or by the court - Power of the transferor and transferee to dismiss employees for economic, technical or organisational reasons - Employees dismissed shortly before the transfer and not taken on by the transferee)

C 151/2               EN                 Official Journal of the European Communities                                      16.5.98
               JUDGMENT OF THE COURT                                     transferee may claim, as against the transferee, that
                                                                         their dismissal was unlawful.
                       (Sixth Chamber)
                      of 12 March 1998                              (1) OJ C 392, 31.12.1994.
in Case C-319/94 (reference for a preliminary ruling from
the Cour du Travail, LieÁge): Jules Dethier EÂquipment SA v.
       Jules Dassy and Sovam SPRL, in liquidation (1)
(Safeguarding of employees' rights in the event of transfers
of undertakings, businesses or parts of businesses Ð
Transfer of an undertaking being wound up voluntarily or                           JUDGMENT OF THE COURT
by the court Ð Power of the transferor and transferee to                                   (Fifth Chamber)
dismiss     employees      for   economic,     technical    or
organisational reasons Ð Employees dismissed shortly                                      of 12 March 1998
   before the transfer and not taken on by the transferee)
                                                                    in    Case C-344/96: Commission of the European
                         (98/C 151/02)                                     Communities v. Federal Republic of Germany (1)
                                                                    (Failure to fulfil obligations Ð Failure to transpose
                                                                    Directives 93/62/EEC, 93/63/EEC, 93/64/EEC, 93/78/
                (Language of the case: French)                                     EEC, 93/79/EEC and 94/3/EC)
                                                                                            (98/C 151/03)
                                                                                   (Language of the case: German)
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                      (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
In Case C-319/94: reference to the Court under Article 177
of the EC Treaty from the Cour du Travail (Higher
Labour Court), LieÁge, Belgium, for a preliminary ruling in
                                                                    In Case C-344/96: Commission of the European
the proceedings pending before that court between, first,
                                                                    Communities (Agent: Klaus-Dieter Borchardt) v. Federal
Jules Dethier EÂquipment SA and, secondly, Jules Dassy
                                                                    Republic of Germany (Agent: Ernst Röder) Ð application
and Sovam SPRL, in liquidation Ð on the interpretation
                                                                    for a declaration that, by failing to adopt within the
of Council Directive 77/187/EEC of 14 February 1977 on
                                                                    periods prescribed the laws, regulations and administrative
the approximation of the laws of the Member States
                                                                    provisions needed to comply with:
relating to the safeguarding of employees' rights in the
event of transfers of undertakings, businesses or parts of
businesses (OJ L 61, 5.3.1977, p. 26) Ð the Court (Sixth
                                                                    Ð Commission Directive 93/62/EEC of 5 July 1993
Chamber), composed of: H. Ragnemalm, President of the
                                                                         setting out the implementing measures concerning the
Chamber, G. F. Mancini (Rapporteur) and J. L. Murray,
                                                                         supervision and monitoring of suppliers and
Judges; C. O. Lenz, Advocate-General; R. Grass,
                                                                         establishments pursuant to Council Directive 92/33/
Registrar, has given a judgment on 12 March 1998, in
                                                                         EEC on the marketing of vegetable propagating and
which it has ruled:
                                                                         planting material, other than seed (OJ L 250,
                                                                         7.10.1993, p. 29),
1. On a proper construction of Article 1(1) of Council
    Directive 77/187/EEC of 14 February 1977 on the                 Ð Commission Directive 93/63/EEC of 5 July 1993
    approximation of the laws of the Member States                       setting out the implementing measures concerning the
    relating to the safeguarding of employees' rights in the             supervision and monitoring of suppliers and
    event of transfers of undertakings, businesses or parts              establishments pursuant to Council Directive 91/682/
    of businesses, that Directive applies in the event of the            EEC on the marketing of ornamental plant
    transfer of an undertaking which is being wound up                   propagating material and ornamental plants (OJ L 250,
    by the court if the undertaking continues to trade.                  7.10.1993, p. 31),
                                                                    Ð Commission Directive 93/64/EEC of 5 July 1993
2. On a proper construction of Article 4(1) of Directive                 setting out the implementing measures concerning the
    77/187, both the transferor and the transferee may                   supervision and monitoring of suppliers and
    dismiss employees for economic, technical or                         establishments pursuant to Council Directive 92/34/
    organisational      reasons.    Employees      unlawfully            EEC on the marketing of fruit plant propagating
    dismissed by the transferor shortly before the                       material and fruit plants intended for fruit production
    undertaking is transferred and not taken on by the                   (OJ L 250, 7.10.1993, p. 33),