CELEX: C2002/003/27
Language: en
Date: 2002-01-05 00:00:00
Title: Case C-426/01: Reference for a preliminary ruling by the Tribunal d'Instance, Vienne, by judgment of that court of 19 October 2001 in the case of SA Société ACCEA Finances v Christian Giner

C 3/18                EN                    Official Journal of the European Communities                                         5.1.2002
Question 1                                                             Must Directive 87/102/EEC (1) and Directive 90180/EEC (2) be
                                                                       interpreted as having as their sole purpose consumer protec-
When balancing interests prior to deciding an application for          tion or, as aiming, beyond that, at the organization and
interim measures, as required by Article 2(4) of Council               regulation of the single market in credit?
Directive 89/665/EEC of 21 December 1989 (1) on the coordi-
nation of the laws, regulations and administrative provisions
relating to the application of review procedures to the award          Must the obligation to interpret those directives in conformity
of public supply and public works contracts, as amended by             with their purpose, and at least in way protective of consumers,
Directive 92/50/EEC of 18 June 1992(2), is the ‘body respon-           prompt the national court to prefer an interpretation of its law
sible for review procedures’ within the meaning of Article 2(8)        that would allow it to raise, of its own motion, issues of
of Directive 89/665/EEC required to take into account the              irregularity affecting consumer credit agreements, such as a
prospects of success of an application for an unlawful decision        failure to indicate in writing the percentage rate of charge, in
of a contracting authority to be set aside pursuant to                 actions for payment of a debt brought before it by credit
Article 2(1)(b) of that Directive?                                     institutions?
Question 2
                                                                       (1) Council Directive 87/102/EEC of 22 December 1986 for the
                                                                           approximation of the laws, regulations and administrative pro-
When balancing interests prior to deciding an application for              visions of the Member States concerning consumer credit (OJ
interim measures, as required by Article 2(4) of Council                   L 42 of 12.2.1987, p. 48).
Directive 89/665/EEC of 21 December 1989 on the coordi-                (2) Council Directive 90/88/EEC of 22 February 1990 amending
nation of the laws, regulations and administrative provisions              Directive 87/102/EEC for the approximation of the laws, regu-
relating to the application of review procedures to the award              lations and administrative provisions of the Member States
of public supply and public works contracts, as amended by                 concerning consumer credit (OJ L 61, 10.3.1990, p. 14).
Directive 92/50/EEC of 18 June 1992, is the ‘body responsible
for review procedures’ within the meaning of Article 2(8) of
Directive 89/665/EEC entitled to take into account the pros-
pects of success of an application for an unlawful decision of
a contracting authority to be set aside pursuant to
Article 2(1)(b) of that Directive?
(1) OJ 1989 L 395, p. 33.                                              Reference for a preliminary ruling by the Bundessozial-
(2) OJ 1992 L 209, p. 1.                                               gericht by order of that court of 2 August 2001 in the
                                                                       case of Dülger Trans Uluslararasi Tazimacilik Ltd. Sti v
                                                                                            Bundesanstalt für Arbeit
                                                                                                (Case C-427/01)
                                                                                                  (2002/C 3/28)
Reference for a preliminary ruling by the Tribunal d’In-
stance, Vienne, by judgment of that court of 19 October
2001 in the case of SA Société ACCEA Finances v                        Reference has been made to the Court of Justice of the
                         Christian Giner                               European Communities by order of the Bundessozialgericht
                                                                       (Federal Social Court) of 2 August 2001, received at the Court
                                                                       Registry on 30 October 2001, for a preliminary ruling in the
                         (Case C-426/01)
                                                                       case of Dülger Trans Uluslararasi Tazimacilik Ltd. Sti. v
                                                                       Bundesanstalt für Arbeit (Federal Labour Office) on the follow-
                          (2002/C 3/27)                                ing questions:
                                                                       1.     Is Article 41(1) of the Additional Protocol of 23 Novem-
                                                                              ber 1970 to the Agreement establishing an Association
                                                                              between the European Economic Community and Turkey
Reference has been made to the Court of Justice of the                        to be interpreted as meaning that there is also a restriction
European Communities by judgment of the Tribunal d’Instance                   on the freedom to provide services where a Member State
(District Court), Vienne, of 19 October 2001, received at the                 of the Community abolishes an existing work permit
Court Registry on 29 October 2001 for a preliminary ruling                    exemption for Turkish drivers engaged in international
in the case of SA Société ACCEA Finances v Christian Giner                    haulage who are employed by a (Turkish) employer with
on the following questions:                                                   its seat in Turkey?