Judgment of the Court (Sixth Chamber) of 26 June 2001 In Case C-212/99: Commission of the European Comunities v Italien Republic (Failure by a Member State to fulfil obligations — Free movement of workers — Principle of non-discrimination — Former foreign-language assistants — Recognition of acquired rights)
Date: 2001-08-11
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, labour law, language teaching, university

C 227/2

EN

Official Journal of the European Communities

11.8.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 26 June 2001

in Case C-173/99 [reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s
Bench Division (Crown Office)]: The Queen v Secretary
of State for Trade and Industry (1)

(Social policy — Protection of the health and safety of
workers — Directive 93/104/EC — Entitlement to paid
annual leave — Condition imposed by national legislation
— Completion of a qualifying period of employment with
the same employer)

(2001/C 227/02)

(Language of the case: English)

In Case C-173/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the High Court of
Justice of England and Wales, Queen’s Bench Division (Crown
Office) (United Kingdom of Great Britain and Northern Ireland)
for a preliminary ruling in the proceedings pending before that
court between The Queen v Secretary of State for Trade and
Industry, ex parte: Broadcasting, Entertainment, Cinemato-
graphic and Theatre Union (BECTU) — on the interpretation
of Article 7 of Council Directive 93/104/EC of 23 November
1993 concerning certain aspects of the organisation of work-
ing time (OJ 1993 L 307, p. 18) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skour-
is, R. Schintgen (Rapporteur), N. Colneric and J.N. Cunha
Rodrigues, Judges; A. Tizzano, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
26 June 2001, in which it has ruled:

Article 7(1) of Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organisation of working time does
not allow a Member State to adopt national rules under which a
worker does not begin to accrue rights to paid annual leave until he
has completed a minimum period of 13 weeks’ uninterrupted
employment with the same employer.

(1) OJ C 204 of 17.7.1999.

(Sixth Chamber)

of 26 June 2001

In Case C-212/99: Commission of the European Comuni-
ties v Italien Republic (1)

(Failure by a Member State to fulfil obligations — Free
movement of workers — Principle of non-discrimination
— Former foreign-language assistants — Recognition of
acquired rights)

(2001/C 227/03)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-212/99, Commission of the European Communities
(Agents: P. J. Kuijper and E. Traversa), supported by United
Kingdom of Great Britain and Northern Ireland (Agent:
J. E. Collins, assisted by C. Lewis) against Italian Republic
(Agent: U. Leanza, assisted by G. Aiello) — application for a
declaration that, because of the administrative and contractual
practices applied by certain public universities, which result in
the non-recognition of the acquired rights of foreign-language
assistants, although such recognition is guaranteed to its
national work-force, the Italian Republic has failed to fulfil its
obligations under Article 48 of the EC Treaty (now Article 39
EC) — the Court (Sixth Chamber), composed of: C. Gulmann,
President of the Chamber, J.-P. Puissochet, F. Macken, N. Col-
neric and J. N. Cunha Rodrigues
Judges;
L. A. Geelgoed, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 26 June 2001, in
which it:

(Rapporteur),

1. Declares that by not guaranteeing recognition of the rights
acquired by foreign-language assistants, who have become
in their mother-tongue,
experts
associates and linguistic
although such recognition is guaranteed to its national work-
force, the Italian Republic has failed to fulfil its obligations
under Article 48 of the EC Treaty (now, after amendment,
Article 39 EC).

2. Orders the Italian Republic to pay the costs.

3. Orders the United Kingdom of Great Britain and Northern

Ireland to pay its own costs.

(1) OJ C 226 of 7.8.1999.