E1995P0003

Request for an advisory opinion by Stavanger byrett by decision of that court of 5 October 1995 in the case of Torgeir Langeland v. Norske Fabricom A/S (Case E-3/95) (96/C 149/09)

A request has been made to the EFTA Court by decision of 5 October 1995 of Stavanger byrett (Stavanger City Court), which was received at the Court Registry on 4 December 1995, for an advisory opinion in the case of Torgeir Langeland v. Norske Fabricom A/S, on the following questions:

1. Does the exception clause contained in Article 3 (3) of Council Directive 77/187/EEC cover the rights of an employee to coverage of insurance premiums for non-statutory pension schemes or does the exception only apply to the right to pension insurance payments from such schemes?

2. Is Article 3 (1) of Council Directive 77/187/EEC mandatory in the sense that an employee may not legally accept a disadvantageous amendment to his employment contract when the reason for the amendment is to be found in a transfer of an entreprise?