CELEX: C2004/085/19
Language: en
Date: 2004-04-03 00:00:00
Title: Case C-543/03: Reference for a preliminary ruling by the Oberlandesgericht Innsbruck by order of that Court of 16 December 2003 in the case of 1) Christine Dodl, 2) Petra Oberhollenzer against Tiroler Gebietskrankenkasse

3.4.2004                 EN                           Official Journal of the European Union                                           C 85/13
Reference for a preliminary ruling by the Oberlandesger-                      1.   Do the facts as found in Judgment No 2199 of the
icht Innsbruck by order of that Court of 16 December                               Consiglio di Stato (Council of State) of 23 April 2002 and
2003 in the case of 1) Christine Dodl, 2) Petra Oberhol-                           in Judgment No 6139 of the Tribunale Amministrativo
         lenzer against Tiroler Gebietskrankenkasse                                Regionale (Regional Administrative Court), Lazio (Rome)
                                                                                   of 5 July 2001, which are deemed to be set out here in
                          (Case C-543/03)                                          full, and the decision of the Italian AGCM to which both
                                                                                   those judicial decisions refer (concerning a cartel set up
                           (2004/C 85/19)                                          by various insurance companies in the area of civil
                                                                                   liability for road accidents), constitute infringements of
                                                                                   Community law, in particular of Articles 81 EC and 82
                                                                                   EC?
Reference has been made to the Court of Justice of the
European Communities by order of the Oberlandesgericht                        2.   Does an infringement of Articles 81 EC and 82 EC imply
Innsbruck (Higher Regional Court Innsbruck) of 16 December                         an obligation on the part of the person committing it to
2003, received at the Court Registry on 29 December 2003,                          compensate end users, and all those who are third
for a preliminary ruling in the case of 1) Christine Dodl, 2)                      parties not involved in the agreement or the abuse but
Petra Oberhollenzer against Tiroler Gebietskrankenkasse on                         demonstrate that they have suffered injury, for damage
the following questions:                                                           suffered?
1)    Is Article 73 of Regulation (EEC) No 1408/71 of the                     3.   In assessing the amount of damages, in addition to the
      Council of 14 June 1971 (1) on the application of social                     restitution of sums charged in breach of Community
      security schemes to employed persons, to self-employed                       rules, is the national court required (again as a matter of
      persons and to members of their families moving within                       Community law) to award the injured party a sum by way
      the Community, in conjunction with Article 13 of that                        of punitive damages against those persons responsible
      regulation, as amended, to be interpreted as extending                       for the prohibited agreement or abuse of a dominant
      even to employed persons whose employment relation-                          position?
      ships are still in existence but do not involve any duty to
      carry out work or pay remuneration (unpaid leave) or                    4.   Does Community law also require the payment of
      any social security obligations under national law?                          damages for non-material loss?
2)    If the answer to the first question should be in the
      affirmative:                                                            5.   As a matter of Community law, is the national court
                                                                                   required of its own motion to order the payment of
      Is the State of the place of employment responsible for                      punitive damages or damages for non-material loss?
      the benefit payment in such a case even if the employed
      person and those members of his or her family for whom                  6.   Is the limitation period of one year for bringing an action
      family benefit such as Austrian ‘Kinderbetreuungsgeld’                       for damages for breach of Articles 81 EC and 82 EC
      (child-care allowance) might be payable have not lived in                    under Italian law too short and therefore in conflict with
      the State of the place of employment, particularly during                    Community law?
      the period of unpaid leave?
                                                                              7.   As a matter of Community law, for the purposes of the
                                                                                   limitation period for bringing an action for damages,
(1) English special edition: Series I Chapter 1971(II) P. 0416.
                                                                                   does time begin to run from the day on which the
                                                                                   infringement of Articles 81 EC and 82 EC was committed
                                                                                   or the day on which that infringement came to an end?
                                                                              8.   Is there a conflict between Community competition law
                                                                                   and/or the fundamental principles of Community law
Reference for a preliminary ruling by the Magistrates’                             (with reference in particular to Article 6(1) and Article 13
Court, Bitonto, by order of that court of 20 December                              of the European Convention on Human Rights) and a
2003 in the case of Nicolò Tricarico against Assitalia                             national provision having an effect similar to that in the
                            Assicurazioni                                          second paragraph of Article 3 of Italian Law No 287 of
                                                                                   10 October 1990 which requires a consumer or a third
                            (Case C-2/04)                                          party who has suffered damage as a result of an agreement
                                                                                   which is unlawful and void under Article 81 EC or an
                                                                                   abuse of a dominant position unlawful under Article 82
                           (2004/C 85/20)
                                                                                   EC and who seeks to obtain damages to make an
                                                                                   application to a court other than the one which has
                                                                                   jurisdiction ratione loci, ratione materiae and for the
Reference has been made to the Court of Justice of the                             value of the dispute in accordance with the ordinary
European Communities by order of the Magistrates’ Court,                           national rules on jurisdiction, Article 33 of Law No 287/
Bitonto, of 20 December 2003, received at the Court Registry                       90 involving an increase in the cost and duration of the
on 5 January 2004, for a preliminary ruling in the case of                         case which would not occur had the ordinary national
Nicolò Tricarico against Assitalia Assicurazioni on the follow-                    rules on jurisdiction ratione loci, ratione materiae and for
ing questions:                                                                     the value of the dispute applied?