Judgment of the Court (Sixth Chamber) of 21 June 2001 in Joined Cases C-280/99 P, C-281/99 P and C-282/99 P: Moccia Irme SpA v Commission of the European Communities (Appeal — Aid to the steel industry — Restructuring of the iron and steel sector)
Date: 2001-08-11
Institutions: Court of Justice
Subjects: Italy, State aid, appeal, cessation of trading, iron and steel industry

11.8.2001

EN

Official Journal of the European Communities

C 227/3

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 21 June 2001

(Sixth Chamber)

of 26 June 2001

in Joined Cases C-280/99 P, C-281/99 P and C-282/99
P: Moccia Irme SpA v Commission of the European
Communities (1)

(Appeal — Aid to the steel industry — Restructuring of the
iron and steel sector)

(2001/C 227/04)

(Language of the case: Italian)

in Case C-381/99 (reference for a preliminary ruling from
the Oberlandesgerichts Wien): Susanna Brunnhofer v
Bank der österreichischen Postsparkasse AG (1)

(Equal pay for men and women — Conditions of application
— Difference in pay — Definition of ‘the same work’ and
‘work of equal value’ — Classification, under a collective
agreement, in the same job category — Burden of proof —
Objective justification for unequal pay — Effectiveness of a
specific employee’s work)

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

(2001/C 227/05)

in Joined Cases C-280/99 P, C-281/99 P and C-282/99 P,
Moccia Irme SpA, established in Naples (Italy), represented by
E. Capelli, P. de Caterini and A. Bandini, avvocati, Ferriera
Lamifer SpA, established in Travagliato (Italy), represented by
C. Punzi, M. Siragusa and F. Satta, avvocati, and Ferriera
Acciaieria Casilina SpA, established in Montecomprati (Italy),
represented by C. Punzi, M. Siragusa and F. Satta, avvocati,
appeals against the judgment of the Court of First Instance
of the European Communities (Third Chamber, Extended
Composition) of 12 May 1999 in Case T-164/96 to
T-167/96, T-122/97 and T-130/97 Moccia Irme and Others v
Commission [1999] ECR II-1477, seeking to have that judg-
ment set aside, the other parties to the proceedings being:
Commission of the European Communities (Agent: L. Pignatu-
ro, assisted by M. Moretto), Prolafer Srl, established in Bergamo
(Italy), Dora Ferriera Acciaieria Srl, established in Bergamo,
and Nuova Sidercamuna SpA, established in Berzo Inferiore
(Italy) — the Court (Sixth Chamber), composed of: C. Gul-
mann, President of the Chamber, V. Skouris, J.-P. Puissochet,
R. Schintgen and F. Macken (Rapporteur), Judges; L. A. Geel-
hoed, Advocate General; D. Louterman-Hubeau, Head of
Division, for the Registrar, has given a judgment on 21 June
2001, in which it:

1. Dismisses the appeals;

2. Orders Moccia Irme SpA, Ferriera Lamifer SpA and Ferriera
Acciaieria Casilina SpA to bear their own costs and jointly and
severally to pay those incurred by the Commission in these
proceedings.

(1) OJ C 281 of 2.10.1999.

(Language of the case: German)

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

In Case C-381/99: reference to the Court under Article 234 EC
from the Oberlandesgerichts Wien (Austria) for a preliminary
ruling in the proceedings pending before that court between
Susanna Brunnhofer and Bank der österreichischen Postspark-
asse AG — on the interpretation of Article 119 of the EC
Treaty (Articles 117 to 120 of the EC Treaty have been
replaced by Articles 136 to 143 EC) and of 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 1975
L 45, p. 19) — the Court (Sixth Chamber), composed of:
the Chamber, V. Skouris,
C. Gulmann, President of
R. Schintgen (Rapporteur), F. Macken and J.N. Cunha Rodri-
gues, Judges; L.A. Geelhoed, Advocate General; R. Grass, for
the Registrar, has given a judgment on 26 June 2001, in which
it has ruled:

The principle of equal pay for men and women laid down in
Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
have been replaced by Articles 136 EC to 143 EC) and elaborated
by Directive 75/117/EEC of 10 February 1975 on the approxi-
mation of the laws of the Member States relating to the application
of the principle of equal pay for men and women must be interpreted
as follows:

— a monthly salary supplement to which the employees concerned
are entitled under their individual employment contracts, paid