Reference for a preliminary ruling by the Bundesverwaltungsgericht by order of that Court of 17 December 2003 in the case of Aro Tubi Trafilerie S.p.A. against Ministero dell'Economia e delle Finanze

(Case C-52/04)

(2004/C 94/41)

Reference has been made to the Court of Justice of the European Communities by order of the Bundesverwaltungsgericht (Federal Administrative Court) of 17 December 2003, received at the Court Registry on 10 February 2004, for a preliminary ruling in the case of Aro Tubi Trafilerie S.p.A. against Ministero dell'Economia e delle Finanze on the following question:

Is Article 1(3) of Council Directive 93/104/EC (1) of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18), when read in the light of Article 2(2) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1), to be interpreted as meaning that the firstmentioned provision does not apply to the working time of the personnel of a public fire service who carry out operational duties?

(1)  OJ L 307, p. 18.