C 155/2

EN

Official Journal of the European Union

25.6.2005

Reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage by judgment of that court of 3 March 2005 in Federatie Nederlandse Vakbeweging v. Staat der Nederlanden (Case C-124/05)

Commission of the European Communities, represented by Barry Doherty and Donatella Recchia, acting as Agents, with an address for service in Luxembourg. The applicant claims that the Court should: 1. declare that Ireland, by failing

(2005/C 155/03) (Language of the case: Dutch) a) in accordance with Article 4 of Council Directive 79/923/EEC (1), to designate all shellfish waters requiring designation, b) in accordance with Article 3 of the same directive, to set all the required values in respect of shellfish waters designated or requiring designation pursuant to Article 4, c) in accordance with Article 5 of the same directive, to take all necessary measures to establish pollution reduction programmes for waters which should have been designated pursuant to Article 4 but were not designated, has failed to comply with its obligations under those Articles of the said Directive; and 2. order Ireland to pay the costs.

Reference has been made to the Court of Justice of the European Communities by judgment of the Gerechtshof te 'sGravenhage (Netherlands) of 3 March 2005, received at the Court Registry on 16 March 2005, for a preliminary ruling in the proceedings between Federatie Nederlandse Vakbeweging and the Netherlands State on the following question: Is it compatible with Community law, and in particular with Article 7(2) of Council Directive 93/104/EC (1) of 23 November 1993, for a legislative provision of a Member State to provide for the possibility of a written agreement during a contract of employment to the effect that an employee who has, for one year, not taken his minimum annual leave, or has not taken that minimum leave in full, may receive financial compensation in respect of that leave in a subsequent year? The question is based on the premise that the compensation is not given in respect of the employee's entitlement to minimum leave in the current year or in the years following thereon.

(1) Directive 93/104/EC was replaced by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299 of 18.11.2003, p. 9).

Pleas in law and main arguments

The Commission maintains that Ireland has breached Council Directive 79/923/EEC on the quality required of shellfish waters by failing: a) in accordance with Article 4 of the directive, to designate all shellfish waters requiring designation; b) in accordance with Article 3 of the directive, to set all the required values in respect of shellfish waters designated or requiring designation pursuant to Article 4; and c) in accordance with Article 5 of the directive, to take all necessary measures to establish pollution reduction programmes for waters requiring designation pursuant to Article 4.

Action brought on 1 April 2005 by Commission of the European Communities against Ireland (Case C-148/05) (2005/C 155/04) (Language of the case: English)

(1) Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters, OJ L 281, 10.11.1979, p. 47.

An action against Ireland was brought before the Court of Justice of the European Communities on 1 April 2005 by the

Sign up to vote on this title
UsefulNot useful