Case C-77/02: Reference for a preliminary ruling by the Verwaltungsgericht Sigmaringen by order of that Court of 10 December 2001 in the case of Ms Erika Steinicke against Bundesanstalt für Arbeit
Date: 2002-05-18
Institutions: Court of Justice
Subjects: cessation of trading, civil servant, full-time employment, interpretation of the law, part-time employment, preliminary issue

C 118/18

EN

Official Journal of the European Communities

18.5.2002

Reference for a preliminary ruling by the Verwaltungsger-
icht Sigmaringen by order of that Court of 10 December
2001 in the case of Ms Erika Steinicke against Bundesan-
stalt für Arbeit

(Case C-77/02)

(2002/C 118/28)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Sigmaringen
of
10 December 2001, received at the Court Registry on 7 March
2002, for a preliminary ruling in the case of Ms Erika Steinicke
against Bundesanstalt für Arbeit on the following question:

(Administrative

Sigmaringen)

Court,

Do Articles 141 of the EC Treaty, Directives 75/117/EEC (1),
76/207/EEC (2) and/or Directive 97/81/EC (3) preclude the rule
in Paragraph 72(b)(1)(1)(2) of the Bundesbeamtengesetz (Law
on public servants), in the 3 March 1999 version that was in
force until 30 June 2000, to the effect that part-time status on
grounds of old age may be accorded only to public servants
who have worked full-time for a total of at least three of the
five years preceding their conversion to such part-time status,
if significantly more women than men work part-time, and
are consequently excluded under that provision from being
accorded part-time status on grounds of old age?

(1) OJ L 45, p. 19.
(2) OJ L 39, p. 40.
(3) OJ 1998 L 14, p. 9.

The Commission claims that the Court should:

— declare that, by failing to adopt and to communicate
to the Commission within the time-limit laid down
(16 September 1999) the plans, outlines and summaries
required under Articles 11 and 4(1) of Council Directive
96/59/EC (1) of 16 September 1996 on the disposal of
and polychlorinated ter-
polychlorinated biphenyls
phenyls (PCB/PCT), the Hellenic Republic has failed to
fulfil its obligations under the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive at issue into Greek law.

(1) OJ L 243, 24.9.1996, p. 31.

Action brought on 12 March 2002 by the Commission of
the European Communities against the Hellenic Republic

Reference for a preliminary ruling by De Arbeidsrecht-
bank van het Arrondissement Tongeren by order of that
Court of 11 March 2002 in the case of Nina Kristiansen
against Rijksdienst voor Arbeidsvoorziening

(Case C-83/02)

(2002/C 118/29)

(Case C-92/02)

(2002/C 118/30)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 12 March
2002 by the Commission of the European Communities,
represented by Hans Stovlbaek and Minas Konstantinidis, Legal
Advisers.

Reference has been made to the Court of Justice of the
European Communities by order of De Arbeidsrechtbank
van het Arrondissement Tongeren (Tongeren District Labour
Court) of 11 March 2002, received at the Court Registry on
15 March 2002, for a preliminary ruling in the case of Nina
Kristiansen against Rijksdienst voor Arbeidsvoorziening on
the following questions: