CELEX: C1997/166/15
Language: en
Date: 1997-05-31 00:00:00
Title: Reference for a preliminary ruling from the Arrondissementsrechtbank Alkmaar by order of that court of 18 March 1997 in the case of A. G. R. Regeling against Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid (Case C-125/97)

31 . 5 . 97           I EN 1                  Official Journal of the European Communities                                     No C 166/9
            large a prize can be obtained from the gaming                     the EC Treaty and, according to the rules of national
            machines and whether the opportunity to win is                    procedural law applicable to them, the arbitrators are
            based on chance or on the player's skill ?                        not at liberty to apply those provisions of their own
                                                                              motion ?
(') [ 1994 ] ECR 1-1039 .
( 2 ) [ 1982] ECR 3415 .
                                                                         2 . Notwithstanding the rules of Netherlands procedural
                                                                              law set out in paragraphs 4.2 and 4 .4 above, should a
                                                                              Netherlands court allow a claim, which otherwise
                                                                              complies with statuatory requirements, for the
                                                                              annulment of an arbitration award on the ground that
Reference for a preliminary ruling from the                                   the award conflicts with Article 85 of the EC Treaty, if
Arrondissementsrechtbank Alkmaar by order of that court                       it finds that there is in fact such a conflict ?
of 18 March 1997 in the case of A. G. R. Regeling against
Bestuur van de Bedrijfsvereniging voor de Metaalnijver­
                                   heid                                  3 . Notwithstanding the rules of Netherlands procedural
                          ( Case C-125 /97 )                                  law set out in paragraph 4.5 above, is the court also
                                                                              required to allow such a claim if the applicability of
                            ( 97/C 166/ 15 )
                                                                              Article 85 of the EC Treaty was outside the scope of
                                                                              the dispute in the arbitration proceedings and the
Reference has been made to the Court of Justice                               arbitrators therefore made no decision in regard to it ?
of the European Communities by order of the
Arrondissementsrechtbank Alkmaar ( Alkmaar District
Court) of 18 March 1997, received at the Court Registry                  4 . Does Community law require the rules of Netherlands
on 26 March 1997, for a preliminary ruling in the case of                     procedural law set out in paragraph 5.3 above to be
A. G. R. Regeling against Bestuur van de Bedrijfsvereni­                      disapplied if this is necessary in order to be able to
ging voor de Metaalnijverheid on the following question :                     examine , in proceedings for annulment of a
                                                                              subsequent arbitration award, whether an agreement
Are the requirements of Directive 80/987 (') fully satisfied                  held to be valid in an interim arbitration award with
by rules of national law which may result in a claim                          the force of res judicata may nevertheless be void
relating to pay^being met, as required by that Directive,                     because it conflicts with Article 85 of the EC Treaty ?
only if and in so far as that claim amounts, over the
period referred to in the Directive, to a sum greater than
the amount of pay which the employee received during                     5 . Alternatively, in a case such as that described in
that period but which is attributed, under national civil                     Question 4 , is it necessary to refrain from applying the
law, to a claim relating to pay which arose prior to that                     rule that, in so far as an interim arbitration award is
period ?                                                                      in the nature of a final award, annulment of that
                                                                              award may not be sought simultaneously with that of
(') OJ No L 283 , 1980 , p . 23 .                                             the subsequent arbitration award ?
                                                                         H OJ No C 77, 1996 , p . 1 .
Reference for a preliminary ruling from the Hoge Raad
der Nederlanden by order of that court of 21 March 1997
in the case of Eco Swiss China Time Ltd against Benetton
                          International NV                               Reference for a preliminary ruling by the Chamber for
                          ( Case C-126/97 )                              Labour Disputes of the Pretura Circondariale di Bologna,
                                                                         by order of that court of 2 December 1996 in the case of
                             ( 97/C 166/ 16 )                            Annalisa Carbonari and 121 other plaintiffs against
                                                                         1 . Università degli Studi di Bologna, 2 . Ministero della Sa­
Reference has been made to the Court of Justice of the                   nità, 3 . Minstero dell'Università e della Ricerca Scientifica,
European Communities by order of the Hoge Raad der                                            4 . Ministero del Tesoro
Nederlanden ( Supreme Court of the Netherlands ) of                                               ( Case C-131 /97 )
21 March 1997, which was received at the Court Registry
 on 27 March 1997, for a preliminary ruling in the case of                                          ( 97/C 166/ 17 )
 Eco Swiss China Time Ltd and Benetton International NV
on the following questions :
                                                                         Reference has been made to the Court of Justice of the
 1 . To what extent is the ruling of the Court of Justice in             European Communities by an order of the Chamber for
        Joined Cases C-430/93 and C-431/93 Van Schijndel                 Labour Disputes of the Pretura Circondariale di Bologna
        and Van Veen v. SPF (') applicable by analogy if, in a           ( Bologna District Magistrates Court) of 2 December 1996,
        dispute concerning a private law agreement which is              which was received at the Court Registry on 1 April 1997,
        decided upon by arbitrators rather than the national             for a preliminary ruling in the case of Annalisa Carbonari
        courts, the parties make no reference to Article 85 of           and 121 other plaintiffs against 1 . Universita degli Studi di