C 31/12

EN

Official Journal of the European Union

5.2.2005

Reference for a preliminary ruling of 26 November 2004, from the Hoge Raad der Nederlanden in the case of A.C. Smits-Koolhoven against Staatssecretaris van Financiën (Case C-495/04) (2005/C 31/23)

Slob against het Productschap Zuivel on the following questions:

— Is Article 7(1) and (3) of Regulation (EEC) No 536/93 (1) to be interpreted as giving a Member State a discretion as to whether to lay down a rule imposing on producers of milk products established in its territory an obligation to keep records which is more extensive than the obligation under Article 7(1)(f)? — If the answer to this question is affirmative, must it then be held that a rule requiring the producer to account to the administration for the quantity of butter produced and for its use, even where the butter has been destroyed or used as feeding stuff, is within the Member State's discretion?

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the European Communities by judgment of the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) of 26 November 2004, received at the Court Registry on 1 December 2004, for a preliminary ruling in the case of A.C. Smits-Koolhoven against Staatssecretaris van Financiën on the following question: Do herbal cigarettes of the type in issue in the present case, which it is established do not contain any substances having a medicinal effect, but which, with the approval of the Netherlands Council for the Monitoring of Medicinal Product Advertising/Council for the Monitoring of Health Product Advertising, are sold as ‘Medicinal herbal cigarettes’ as an aid in giving up smoking, come under the exemption which Article 7(2) of Council Directive 95/59/EC (1) of 27 November 1995 provides for products which are used exclusively for medical purposes?

(1) OJ L 57, 10.3.1993, p 12.

Action brought on 1 December 2004 by the Commission of the European Communities against the Hellenic Republic

(Case C-497/04)

(2005/C 31/25)
(1) OJ L 291, 6.12.1995, p. 40.

(Language of the case: Greek)

Reference for a preliminary ruling by the College van Beroep voor het bedrijfsleven by decision of that court of 26 November 2004 in the case of J. Slob against het Productschap Zuivel (Case C-496/04) (2005/C 31/24) (Language of the case: Dutch)

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 1 December 2004 by the Commission of the European Communities, represented by Enrico Traversa and Yiorgos Zabbo, of its Legal service.

The applicant claims that the Court should:

Reference has been made to the Court of Justice of the European Communities by order of the College van Beroep voor het bedrijfsleven (Administrative court for trade and industry) Netherlands of 26 November 2004 received at the Court Registry on 1 December 2004, for a preliminary ruling in the case of J.

— Declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2002/13/EC (1) of the European Parliament and of the Council of 5 March 2002 amending Council Directive 73/239/EEC as regards the solvency margin requirements for non-life insurance undertakings, and in any event by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive. — Order the Hellenic Republic to pay the costs.

5.2.2005

EN

Official Journal of the European Union

C 31/13

Pleas in law and main arguments The period for transposition of the directive into national law expired on 20 September 2003.

Reference for a preliminary ruling by the Landesarbeitsgericht Düsseldorf by order of that court of 8 October 2004 in the case of Hans Werhof against Freeway Traffic Systems GmbH & Co. KG

(1) OJ 2002 L 77, p. 17.

(Case C-499/04)

(2005/C 31/27)

Action brought on 1 December 2004 by the Commission of the European Communities against the Hellenic Republic (Case C-498/04) (2005/C 31/26) (Language of the case: Greek)

(Language of the case: German)

Reference has been made to the Court of Justice of the European Communities by order of the Landesarbeitsgericht (Higher Labour Court) Düsseldorf (Germany) of 8 October 2004 received at the Court Registry on 2 December 2004, for a preliminary ruling in the case of Hans Werhof against Freeway Traffic Systems GmbH & Co. KG on the following questions:

An action against the Hellenic Republic was brought before the Court of Justice of the European Communities on 1 December 2004 by the Commission of the European Communities, represented by Enrico Traversa and Yiorgos Zabbo, of its Legal service. The applicant claims that the Court should: — Declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Directive 2002/83/EC (1) of the European Parliament and of the Council of 5 November 2002 concerning life assurance which, under Article 72 thereof, repealed Directive 2002/12/EC of the European Parliament and of the Council of 5 March 2002 amending Council Directive 79/267/EEC as regards the solvency margin requirements for life assurance undertakings and, in any event, by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive. — Order the Hellenic Republic to pay the costs.

1. Is it compatible with Article 3(1) of Council Directive 98/50/EC (1) of 29 June 1998 amending Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses if a transferee of a business – who is not subject to a collective agreement – is bound by an agreement between the transferor of the business – who is subject to a collective agreement – and the employee, under which the collective wage agreements in force binding the transferor of the business are to apply, in such a way that the collective wage agreement in force at the time of the transfer of the business applies but collective wage agreements entering into force subsequently do not?

2. If that is to be answered in the negative:

Pleas in law and main arguments The period for transposition of the directive into national law expired on 20 September 2003.

Is it compatible with Article 3(1) of Directive 98/50/EC if the transferee of the business – who is not subject to a collective agreement – is bound by collective wage agreements which have entered into force after the transfer of the business only so long as the transferor of the business is so bound?

(1) OJ L 201, p. 88. (1) OJ 2002 L 345, p. 1.