Case C-117/01: Reference for a preliminary ruling by the Court of Appeal (England & Wales) (Civil Division), by order of that court of 14 December 2000, in the case of KB against 1) National Health Service Pensions Agency, 2) Secretary of State for Health
Date: 2001-05-19
Institutions: Court of Justice
Subjects: interpretation of the law, pension scheme, sexual discrimination, survivor's benefit, widowed person

19.5.2001

EN

Official Journal of the European Communities

C 150/13

Pleas in law and main arguments

The period for compliance laid down in the directive referred
to in the conclusions of the Commission expired on 1 January
1993 without the United Kingdom having enacted the pro-
visions necessary to implement Articles 5(1) and 6(1) of that
directive. The United Kingdom is therefore in breach of
Articles 3 and 13 of the said directive.

(1) OJ L 76, 23.03.1992, p. 14.

b)

c)

subsequent control of the effectiveness and safety of
the medicinal product is possibly made more diffi-
cult by the fact that the marketing authorisation for
the original medicinal product has been withdrawn;

the medicinal product imported as a parallel import
has been widely used over many years in Member
States and it is improbable that its continued sale
presents a danger to public health?

3.

If, in the situation referred to in Question 1, Articles 28
and 30 EC allow it to be found that the marketing
authorisation granted for a parallel import has expired,
may it be decided that the marketing authorisation for
import expired immediately the original
the parallel
authorisation was withdrawn, without
marketing
allowing the parallel
importer any time to adapt his
activity? Do any of the circumstances referred to in
Question 2 affect the question whether it may be decided
that the marketing authorisation for a parallel import
expires immediately?

Reference for a preliminary ruling by the Court of Appeal
(England & Wales) (Civil Division), by order of that court
of 14 December 2000, in the case of KB against 1) National
Health Service Pensions Agency, 2) Secretary of State for
Health

Action brought on 14 March 2001 by the Commission of
the European Communities against the United Kingdom

(Case C-117/01)

(2001/C 150/25)

(Case C-115/01)

(2001/C 150/24)

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 14 March
2001 by the Commission of the European Communities,
represented by Mr Richard Wainwrightas agent, with an
address for service in Luxembourg.

The Applicant claims that the Court should:

— declare that, having failed to implement Articles 5(1) and
6(1) of Council Directive 92/13/EEC (1) of 25 February
1992 coordinating the laws, regulations and administrat-
ive provisions relating to the application of Community
rules on the procurement procedures of entities operating
in the water, energy, transport and telecommunications
sectors into national law, the United Kingdom is in breach
of Articles 3 and 13 of the said directive;

— order the United Kingdom to pay the costs.

Reference has been made to the Court of Justice of the
European Communities by an order of the Court of Appeal
(England & Wales) (Civil Division) of 14 December 2000,
which was received at the Court Registry on 15 March 2001,
for a preliminary ruling in the case of KB against 1) National
Health Service Pensions Agency, 2) Secretary of State for
Health, on the following question:

Does the exclusion of the female-to-male transsexual partner
of a female member of the National Health Service Pension
Scheme, which limits the material dependant’s benefit to her
widower, constitute sex discrimination in contravention of
Article 141 EC and Directive 75/117 (1)?

(1) Council Directive 75/117/EEC of 10 February 1975 on the
approximation of the laws of the Member States relating to the
application of the principle of equal pay for men and women (OJ
L 45, 19.02.1975, p. 19).