CELEX: C1997/074/27
Language: en
Date: 1997-03-08 00:00:00
Title: Reference for a preliminary ruling by the Verwaltungsgericht der Freien Hansestadt Bremen by order of that court of 9 December 1996 in the administrative proceedings between Mehmet Birden and Stadtgemeinde Bremen (Case C-1/97)

No C 74/ 14           EN                    Official Journal of the European Communities                                    8 . 3 . 97
     employment for the duration of the employment as                   paragraph 19 (2 ) of the Bundessozialhilfegesetz ( Federal
     freely determined between the employer and the                      Law on Social Assistance )) to a limited group of persons ?
     employee ( i.e. length of employment) and the benefits
     arising from such security, such as a career structure
     providing the possibility of promotion, vocational
     training and pay and retirement pensions
     commensurate to the seniority of the applicant,
     applying mutatis mutandis the reasoning used by the                Reference for a preliminary ruling by the Court of Appeal,
     European Court of Justice in inter alia Case C-272/92              Criminal Division, by order of that court of 24 December
     Spotti v. Freistaat Bayern [ 1994] 3 CMLR 29, [ 1993 ]
                                                                         1996, in the case of Regina against John Charles Goodwin
     ECR 1-5185 and Case 225/85 Commission v. Italy                                        and Edward Thomas Unstead
     [ 1987] ECR 2625 ?
                                                                                                    (Case C-3/97)
                                                                                                     ( 97/C 74/28 )
 2 . If so, does the fact that the length of the applicant's
     employment is subject to a de facto time limit by the
     operation of the United Kingdom immigration laws                   Reference has been made to the Court of Justice of the
     and in the instant case is being terminated by the                 European Communities by an order of the Court of
     respondent's decision not to extend the applicant's                Appeal, Criminal Division, of 24 December 1996, which
     leave to remain in the United Kingdom constitute                   was received at the Court Registry on 9 January 1997, for
     discrimination in relation to such 'working conditions'            a preliminary ruling in the case of Regina against John
     on grounds of nationality where the respondent could               Charles Goodwin and Edward Thomas Unstead, on the
     not impose such a de facto time limit and/or forced                following question :
     termination of employment upon its own nationals ?
                                                                        Does the supply of counterfeit perfume products fall
3 . If the answer to questions 1 and 2 is in the                        within the scope of Council Directive 77/388/EEC of
     affirmative, does Article 40 of the EC/Morocco                     17 May 1977 on the harmonization of the laws of the
     Cooperation Agreement require the Member State to                  Member States relating to turnover taxes (the sixth
     grant the Moroccan worker leave to remain for the                  Directive ) ( 1 )?
     duration of his lawful employment ?
                                                                        (') OJ No L 145 , 13 . 6 . 1977, p . 1 .
Reference      for    a       preliminary     ruling    by    the       Reference for a preliminary ruling from the Raad van
Verwaltungsgericht der Freien Hansestadt Bremen by                      State, Belgium, by judgment of that court of 18 December
order    of  that   court     of   9   December    1996   in  the
                                                                        1996 in the case of NV Ballast Nedam Group v. Belgian
administrative proceedings between Mehmet Birden and                                                      State
                    Stadtgemeinde Bremen
                                                                                                   ( Case C-5/97 )
                         ( Case C-l /97 )
                                                                                                      97/C 74/29
                           ( 97/C 74/27 )
                                                                       Reference has been made to the Court of Justice of the
Reference has been made to the Court of Justice                        European Communities by a judgment of the Raad van
of the European Communities by order of the                            Staate ( Council of State ) of 18 December 1997, which was
Verwaltungsgericht der Freien Hansestadt Bremen                        received at the Court Registry on 13 January 1997, for a
( Administrative Court of the Free Hanseatic City of                   preliminary ruling in the case of Ballast Nedam Group v.
Bremen ) of 9 December 1996, received at the Court                     Belgian State
Registry on 6 January 1997, for a preliminary ruling in
the case of Mehmet Birden v. Stadtgemeinde Bremen ( City               on the following questions :
of Bremen ) on the following question:
                                                                        1 . May the word 'permit' in the phrase 'permit [. . .]
Is a Turkish worker a duly registered member of the                         account to be taken of [...]' in the operative part of
labour force of a Member State, within the meaning of                       the judgment in Case C-389/92 (') be taken to mean
Article 6 ( 1 ) of Decision No 1/80 of the EEC-Turkey                       'require'?
Association     Council       on    the   development    of   the
Association, if he has a job sponsored by that Member                  2. If the word 'permit' in the above phrase cannot be
State with public funds and requiring payment of social                     taken to mean 'require ', does that mean that the
security contributions which is meant to enable him to                      Member State concerned in this regard enjoys a
enter or re-enter working life and which, owing to the                      discretionary power, even where the condition laid
State sponsorship, may only be offered (pursuant to                         down by the Court is satisfied ?