Case C-256/01: Reference for a preliminary ruling by the Court of Appeal (England & Wales) (Civil Division), by order of that court of 22 June 2001, in the case of Debra Allonby against 1) Accrington & Rossendale College, 2) Education Lecturing Services, 3) Secretary of State for Education and Employment
Date: 2001-10-13
Institutions: Court of Justice
Subjects: equal pay, gender equality, interpretation of the law, pension scheme, teacher, work contract

13.10.2001

EN

Official Journal of the European Communities

C 289/11

b) Does Article 11 of the Directive simply mean that, if a
candidate for approval to audit accounting documents in
a Member State of the European Union has obtained,
under the regime which applied before harmonisation,
some of the required qualifications in another Member
State, the Member State from which approval is sought
regards those qualifications as having been obtained in
that same State and does not introduce an exception to
the generally applicable rule that approval is granted only
after an examination of professional competence has
been passed? Or is it to be interpreted as allowing a
person holding an approval to audit accounting docu-
ments which has been granted to him in a Member State
under the regime which applied before harmonisation to
receive the corresponding approval in another Member
State without being obliged to sit an examination of
professional competence, but just on a simple finding
that his qualifications are equivalent?

(1) OJ L 126, 12.5.1984, p. 20.

Reference for a preliminary ruling by the Court of Appeal
(England & Wales) (Civil Division), by order of that court
of 22 June 2001, in the case of Debra Allonby against 1)
Accrington & Rossendale College, 2) Education Lecturing
Services, 3) Secretary of State for Education and Employ-
ment

(Case C-256/01)

(2001/C 289/20)

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 22 June 2001, which was
received at the Court Registry on 3 July 2001, for a preliminary
ruling in the case of Debra Allonby against 1) Accrington &
Rossendale College, 2) Education Lecturing Services, 3) Sec-
retary of State for Education and Employment, on the follow-
ing questions:

1. Does Article 141 have direct effect so as to enable a
woman to claim equal pay with a man in the circum-
stances of this case?

eligible to join the Scheme can comply with the require-
ment of being employed under a contract of employment,
and by establishing that the requirement is not objectively
justified?

Reference for a preliminary ruling by the Tribunale di
Bari — Sezione distaccata di Altamura, by order of that
court of 28 June 2001 in the case of Walter Ferro against
Giovanni Santoro

(Case C-273/01)

(2001/C 289/21)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Bari —
Sezione distaccata di Altamura (Bari District Court, Altamura
Division) of 28 June 2001, which was received at the Court
Registry on 12 July 2001, for a preliminary ruling in the case
of Walter Ferro against Giovanni Santoro on the following
question:

‘whether Directive 86/653/EEC (1) on the coordination of the
laws of the Member States relating to self-employed commer-
cial agents and, in any event, the principles of Community law
of freedom of movement and the freedom to provide services
are to be interpreted as being compatible with national
legislation which makes the right of brokers to payment for
services conditional upon their being entered in the appropri-
ate register.’

(1) Council Directive 86/653/EEC of 18 December 1986 on the
coordination of the laws of the Member States relating to self-
employed commercial agents OJ L 382, 31.12.1986, p. 17.

Reference for a preliminary ruling by the House of Lords
(United Kingdom), by order of that court of 7 June 2001,
in the case of Sinclair Collis Ltd against Commissioners of
Customs and Excise

(Case C-275/01)

(2001/C 289/22)

2. Does Article 141 have direct effect so as to entitle
Mrs Allonby to claim access to the pension scheme either
(i) by comparing herself with Mr Johnson or (ii) by
showing statistically that a considerably smaller pro-
portion of female than of male teachers who are otherwise

Reference has been made to the Court of Justice of the
European Communities by an order of the House of Lords
(United Kingdom) of 7 June 2001, which was received at the
Court Registry on 12 July 2001, for a preliminary ruling in the
case of Sinclair Collis Ltd against Commissioners of Customs
and Excise, on the following question: