CELEX: C1998/258/46
Language: en
Date: 1998-08-15 00:00:00
Title: Reference for a preliminary ruling by Kammarrätten, Stockholm by order of 16 June 1998 in the case of Arlanda Customs Authority v Adidas AG (Case C-223/98)

C 258/28                EN                  Official Journal of the European Communities                                    15.8.98
Reference for a preliminary ruling from the Kantongerecht              Reference for a preliminary ruling from the Tribunal du
te Groningen by judgments of that court of 20 May 1998                 Travail de LieÁge (7th Chamber) by judgment of that court
in the case of Hendrik Van der Woude against Stichting                 of 17 June 1998 in the case of Marie-Nathalie D'Hoop
                             Beatrixoord                                           against the Office National de l'Emploi
                          (Case C-222/98)                                                      (Case C-224/98)
                            (98/C 258/45)                                                       (98/C 258/47)
Reference has been made to the Court of Justice of the
                                                                       Reference has been made to the Court of Justice of the
European Communities by judgment of the Kantongerecht
                                                                       European Communities by judgment of the Tribunal du
te Groningen (Cantonal Court, Groningen) of 20 May
                                                                       Travail de LieÁge (7eÁme chambre) (LieÁge Labour Court Ð
1998, received at the Court Registry on 17 June 1998, for
                                                                       7th Chamber) of 17 June 1998, received at the Court
a preliminary ruling in the case of Hendrik Van der
                                                                       Registry on 22 June 1998, for a preliminary ruling in the
Woude against Stichting Beatrixoord on the following
                                                                       case of Marie-Nathalie D'Hoop against the Office
question:
                                                                       National de l'Emploi on the following question:
Are Article II(G) of the CAO (1) (which prohibits any
departure from the terms of that collective labour                     Given that the Court of Justice has already interpreted
agreement (2)) and Article 32 thereof (which lays down the             Article 48 of the EC Treaty and Article 7 of Regulation
medical expenses insurance rules (3)), read in conjunction             No 1612/68 (1) to mean that Article 36 of the Royal
with each other, contrary to Articles 85 and 86 of the EC              Decree of 25 November 1991 cannot prevent a dependent
Treaty?                                                                child of a Community migrant worker who has completed
                                                                       his secondary education in an establishment in a Member
(1) Collectieve Arbeidsovereenkomst voor het ziekenhuiswezen           State other than Belgium from being eligible to receive the
    (Collective Labour Agreement relating to medical treatment).       tideover allowance, are those provisions to be interpreted
(2) may not . . . agree with the employee any conditions of           as meaning that Article 36 of the aforesaid royal decree
    employment which are not regulated by this CAO'.                   also cannot prevent a Belgian student who has completed
(3) Employees (and former employees) may be members of the             his secondary education in an establishment in a Member
    IZZ collective medical expenses insurance scheme. In               State other than Belgium and is seeking his first
    accordance with that article, Beatrixoord pays 50 % of the
                                                                       employment from being eligible to receive the tideover
    premium due from Mr Van der Woude in respect of the
    collective (individual) IZZ Medical Expenses Scheme.               allowance?
                                                                       (1) Council Regulation (EEC) No 1612/68 of 15 October 1968
                                                                           relating to the free movement of workers within the
                                                                           Community (OJ L 257 of 19.10.1968, p. 2).
Reference for a preliminary ruling by Kammarrätten,
Stockholm by order of 16 June 1998 in the case of
           Arlanda Customs Authority v Adidas AG
                          (Case C-223/98)
                                                                       Action brought on 22 June 1998 by the Commission of
                            (98/C 258/46)
                                                                         the European Communities against the French Republic
                                                                                               (Case C-225/98)
Reference has been made to the Court of Justice of the
European Communities by order of 16 June 1998 from                                              (98/C 258/48)
Kammarrätten, Stockholm (Administrative Court of
Appeal, Stockholm), which was received at the Court
Registry on 18 June 1998, for a preliminary ruling in the              An action against the French Republic was brought before
case of Arlanda Customs Authority v Adidas AG on the                   the Court of Justice of the European Communities on
following question:                                                    22 June 1998 by the Commission of the European
                                                                       Communities, represented by Michael Nolin, of its Legal
                                                                       Service, acting as Agent, with an address for service in
Does Council Regulation (EC) No 3295/94 (1) constitute a
                                                                       Luxembourg at the office of Carlos Gómez de la Cruz, of
bar to application of rules of national law under which
                                                                       its Legal Service, Wagner Centre, Kirchberg.
the names of declarers or consignees of imported goods,
which the trade-mark owner has found to be counterfeit,
may not be disclosed to the trade-mark owner?                          The applicant claims that the Court should:
(1) Council Regulation (EC) No 3295/94 of 22 December 1994
    laying down measures to prohibit the release from free             Declare that, in the course of the various procedures for
    circulation, export, re-export or entry for a suspensive           the award of public service contracts for the construction
    procedure of counterfeit and pirated goods (OJ L 341 of            and maintenance of school buildings conducted by the
    30.12.1994, p. 8).                                                 Nord-Pas de Calais Region and the DeÂpartement du Nord
                                                                       over a period of three years, the French Republic has
                                                                       failed to fulfil its obligations under Article 59 of the EC