CELEX: C2002/169/12
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court 4 June 2002 in Case C-164/00 (Reference for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division): Katia Beckmann v Dynamco Whicheloe Macfarlane Ltd (Directive 77/187/EEC — Safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses — Conditions for appplying exceptions to maintenance of rights — Benefits provided for in the event of dismissal)

C 169/8                 EN                      Official Journal of the European Communities                                           13.7.2002
                  JUDGMENT OF THE COURT                                          ment relationship or a collective agreement binding the trans-
                                                                                 feror as regards that employee, are transferred to the transferee
                                                                                 subject to the conditions and limitations laid down by that
                                                                                 article, regardless of the fact that those obligations derive from
                            4 June 2002
                                                                                 statutory instruments or are implemented by such instruments
                                                                                 and regardless of the practical arrangements adopted for such
                                                                                 implementation.
in Case C-164/00 (Reference for a preliminary ruling from
the High Court of Justice (England & Wales), Queen’s
Bench Division): Katia Beckmann v Dynamco Whicheloe                        (1) OJ C 192 of 8.7.2000.
                         Macfarlane Ltd (1)
(Directive 77/187/EEC — Safeguarding of employees’ rights
in the event of transfers of undertakings, businesses or parts
of businesses — Conditions for appplying exceptions to
maintenance of rights — Benefits provided for in the event                                   JUDGMENT OF THE COURT
                            of dismissal)
                                                                                                     (Second Chamber)
                          (2002/C 169/12)
                                                                                                        30 May 2002
                    (Language of the case: English)                        in Joined Cases C-284/00 and C-288/00 (Reference for a
                                                                           preliminary ruling from the Bundesverwaltungsgericht):
                                                                           Stratmann GmbH und Co. KG v Landrätin des Kreises
                                                                           Wesel (C-284/00) and Fleischversorgung Neuss GmbH
                                                                                und Co. v Landrat des Kreises Neuss (C-288/00) (1)
In Case C-164/00: Reference to the Court under Article 234                 (Common agricultural policy — Fees for health inspections
EC by the High Court of Justice of England and Wales, Queen’s                             and controls in respect of fresh meat)
Bench Division, for a preliminary ruling in the proceedings
pending before that court between Katia Beckmann and
                                                                                                      (2002/C 169/13)
Dynamco Whicheloe Macfarlane Ltd, on the interpretation of
Article 3 of Council Directive 77/187/EEC of 14 February
1977 on the approximation of the laws of the Member States                                     (Language of the case: German)
relating to the safeguarding of employees’ rights in the event
of transfers of undertakings, businesses or parts of businesses            (Provisional translation; the definitive translation will be published
(OJ 1977 L 61, p. 26), the Court (Sixth Chamber), composed                                     in the European Court Reports)
of: G.C. Rodrı́guez Iglesias, President, N. Colneric, and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola, J.-P. Puissochet (Rapporteur), M. Wathelet,
R. Schintgen, J.N. Cunha Rodrigues and C.W.A. Timmermans,                  In Joined Cases C-284/00 and C-288/00: Reference to the
Judges; S. Alber, Advocate General; L. Hewlett, Administrator,             Court under Article 234 EC by the Bundesverwaltungsgericht
for the Registrar, has given a judgment on 4 June 2002, in                 (Germany) for a preliminary ruling in the proceedings pending
which it has ruled:                                                        before that court between Stratmann GmbH und Co. KG
                                                                           and Landrätin des Kreises Wesel (C-284/00), and between
                                                                           Fleischversorgung Neuss GmbH und Co. KG and Landrat des
1.    Early retirement benefits and benefits intended to enhance the       Kreises Neuss (C-288/00), on the interpretation of, first,
      conditions of such retirement, paid in the event of dismissal to     Council Directive 85/73/EEC of 29 January 1985 on the
      employees who have reached a certain age, such as the benefits       financing of health inspections and controls of fresh meat and
      at issue in the main proceedings, are not old-age, invalidity or     poultrymeat (OJ 1985 L 32, p. 14) and Council Decision 88/
      survivors’ benefits under supplementary company or inter-            408/EEC of 15 June 1988 on the levels of the fees to be
      company pension schemes within the meaning of Article 3(3)           charged for health inspections and controls of fresh meat
      of Council Directive 77/187/EEC of 14 February 1977 on the           pursuant to Directive 85/73 (OJ 1988 L 194, p. 24) and,
      approximation of the laws of the Member States relating to the       secondly, Directive 85/73 as amended by Council Directive
      safeguarding of employees’ rights in the event of transfers of       93/118/EC of 22 December 1993 (OJ 1993 L 340, p. 15), in
      undertakings, businesses or parts of businesses.                     conjunction with Council Directive 64/433/EEC of 26 June
                                                                           1964 on health problems affecting intra-Community trade in
                                                                           fresh meat (OJ, English Special Edition 1963-64, p. 185) both
2.    On a proper construction of Article 3 of Directive 77/187, the       in the version resulting from Council Directive 89/662/EEC of
      obligations applicable in the event of the dismissal of an           11 December 1989 concerning veterinary checks in intra-
      employee, arising from a contract of employment, an employ-          Community trade with a view to the completion of the internal