Judgment of the Court (Sixth Chamber) of 9 October 2001 in Case C-379/99 (reference for a preliminary ruling from the Bundesarbeitsgericht): Pensionskasse für die Angestellten der Barmer Ersatzkasse VVaG v Hans Menauer (Equal pay for men and women — Occupational pensions — Pension funds entrusted with carrying out the employer's obligation as regards payment of a supplementary pension — Survivor's pension)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: gender equality, interpretation of the law, pension scheme

8.12.2001

EN

Official Journal of the European Communities

C 348/3

ley, and subsequently L.A. Farrell) — application for a declar-
ation that, by failing to take all the measures necessary to
ensure the correct implementation of Articles 2(d), 11 and 12
of Council Directive 86/609/EEC of 24 November 1986 on
the approximation of the laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes
(OJ 1986 L 358, p. 1) and by failing to provide for an adequate
system of penalties for non-compliance with the requirements
of Directive 86/609/EEC, Ireland has failed to comply with the
Directive, in particular Article 25 thereof, and has failed to
fulfil its obligations under the EC Treaty, in particular Article 5
thereof (now Article 10 EC) — the Court (Fifth Chamber),
composed of: P. Jann, President of the Chamber, S. von Bahr,
D.A.O. Edward, A. La Pergola (Rapporteur) and C.W.A. Tim-
mermans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
for the Registrar, has given a judgment on 18 October 2001,
the operative part of which is as follows:

1.

By failing to adopt all the measures necessary to ensure the
correct
implementation of Articles 2(d), 11 and 12 of
Council Directive 86/609/EEC of 24 November 1986 on the
approximation of the laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes,
and by failing to provide for an adequate system of penalties for
non-compliance with
of Directive
86/609/EEC, Ireland has failed to fulfil its obligations under
the Directive, in particular Article 25 thereof, and under the
EC Treaty, in particular Article 5 thereof (now Article 10 EC);

requirements

the

(Germany) for a preliminary ruling in the proceedings pending
before that court between Pensionskasse für die Angestellten
der Barmer Ersatzkasse VVaG and Hans Menauer — the
interpretation of Article 119 of the EC Treaty (Articles 117 to
120 of the EC Treaty have been replaced by Articles 136 EC
to 143 EC) — the Court (Sixth Chamber), composed of:
F. Macken, President of the Chamber, N. Colneric, C. Gulmann,
J.-P. Puissochet and V. Skouris (Rapporteur), Judges; A. Tiz-
zano, Advocate General; R. Grass, Registrar, has given a
judgment on 9 October 2001, in which it has ruled:

Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
have been replaced by Articles 136 EC to 143 EC) must be
interpreted to the effect
that bodies such as German pension
funds (‘Pensionskassen’) entrusted with providing benefits under an
occupational pension scheme are required to ensure equal treatment
between men and women, even if the employees discriminated against
on the basis of sex have, as against those directly liable, namely their
employers in their capacity as parties to their employment contracts,
a protected right
insolvency that excludes all
discrimination.

in the event of

(1) OJ C 366 of 18.12.1999.

2.

Ireland is ordered to pay the costs.

JUDGMENT OF THE COURT

(1) OJ C 352 of 4.12.1999.

(Sixth Chamber)

of 16 October 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 October 2001

in Case C-379/99 (reference for a preliminary ruling
from the Bundesarbeitsgericht): Pensionskasse für die
Angestellten der Barmer Ersatzkasse VVaG v Hans Menau-
er (1)

(Equal pay for men and women — Occupational pensions
— Pension funds entrusted with carrying out the employer’s
obligation as regards payment of a supplementary pension —
Survivor’s pension)

(2001/C 348/05)

(Language of the case: German)

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

In Case C-379/99: reference to the Court under Article 234
(Federal Labour Court)
EC from the Bundesarbeitsgericht

in Joined Cases C-396/99 and C-397/99: Commission of
the European Communities v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directives 90/388/EEC and 96/2/EC — Market for telecom-
munications services — Mobile and personal communi-
cations)

(2001/C 348/06)

(Language of the case: Greek)

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

In Joined Cases C-396/99 and C-397/99: Commission of the
European Communities (Agents: B. Doherty and D. Triantafyl-
lou) v Hellenic Republic (Agents: N. Dafniou and S. Chala) —
application for a declaration that, by failing to take, within the
prescribed period, all the measures necessary to comply with
Article 2(1) (Case C-396/99) and Article 2(2) (Case C-397/99)
of Commission Directive 96/2/EC of 16 January 1996
amending Directive 90/388/EEC with regard to mobile and