Judgment of the Court 19 March 2002 in Case C-476/99 (Reference for a preliminary ruling from the Centrale Raad van Beroep): H. Lommers v Minister van Landbouw, Natuurbeheer en Visserĳ (Social policy — Equal treatment of men and women — Derogations — Measures to promote equality of opportunity between men and women — Subsidised nursery places made available by a Ministry to its staff — Places reserved only for children of female officials, save in cases of emergency, to be determined by the employer)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: child care, gender equality, interpretation of the law

18.5.2002

EN

Official Journal of the European Communities

C 118/7

a vehicle registered in another Member State to register in the first
Member State and imposing on it one or more of the following
conditions:

JUDGMENT OF THE COURT

19 March 2002

— a requirement that the person in whose name the vehicle is
registered in the Member State of use reside or have a place of
business there, in so far as it obliges a leasing undertaking
either to have a principal place of business in that Member
State or to accept registration of the vehicle in the name of the
lessee and the consequent limitation of its rights over the vehicle;

— a requirement to insure the vehicle with an authorised insurer
in the Member State of use, if that requirement implies that the
insurer must have its principal place of business in that Member
State, as the home State within the meaning of the non-life
insurance directives, and have ‘official authorisation’ there;

— a requirement of a roadworthiness test when the vehicle has
already undergone such testing in the Member State where the
leasing company is established, save where that requirement is
aimed at verifying that the vehicle satisfies the conditions
imposed on vehicles registered in the Member State of use that
are not covered by the tests carried out in the Member State
where the leasing company is established and/or, if the vehicle
has in the meantime been used on the public highway, that its
condition has not deteriorated since it was tested in that latter
Member State, provided similar testing is imposed where a
vehicle previously tested in the Member State of use is presented
for registration in that State;

— payment, in the Member State of use, of a consumption tax the
amount of which is not proportionate to the duration of the
registration of the vehicle in that State.

(1) OJ C 34 of 5.2.2000.

in Case C-476/99 (Reference for a preliminary ruling from
the Centrale Raad van Beroep): H. Lommers v Minister
van Landbouw, Natuurbeheer en Visserij (1)

(Social policy — Equal treatment of men and women —
Derogations — Measures to promote equality of opportunity
between men and women — Subsidised nursery places made
available by a Ministry to its staff — Places reserved only
for children of female officials, save in cases of emergency,
to be determined by the employer)

(2002/C 118/09)

(Language of the case: Dutch)

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

In Case C-476/99: Reference to the Court under Article 234
EC by the Centrale Raad van Beroep (Netherlands) for a
preliminary ruling in the proceedings pending before that
court between H. Lommers and Minister van Landbouw,
Natuurbeheer en Visserij, on the interpretation of Article 2(1)
and (4) of Council Directive 76/207/EEC of 9 February 1976
on the implementation of the principle of equal treatment for
men and women as regards access to employment, vocational
training and promotion, and working conditions (OJ 1976
L 39, p. 40), the Court, composed of: G.C. Rodrı´guez Iglesias,
President, P. Jann, F. Macken and N. Colneric (Presidents of
(Rapporteur),
Chambers), C. Gulmann, A. La Pergola
J.-P. Puissochet, R. Schintgen and V. Skouris, Judges; S. Alber,
Advocate General; H. von Holstein, Deputy Registrar, has
given a judgment on 19 March 2002, in which it has ruled:

Article 2(1) and (4) of Council Directive 76/207/EEC of 9 February
1976 on the implementation of the principle of equal treatment for
men and women as regards access to employment, vocational training
and promotion, and working conditions does not preclude a scheme
set up by a Minister to tackle extensive under-representation of
women within his Ministry under which, in a context characterised
by a proven insufficiency of proper, affordable care facilities, a limited
number of subsidised nursery places made available by the Ministry
to its staff is reserved for female officials alone whilst male officials
may have access to them only in cases of emergency, to be determined

C 118/8

EN

Official Journal of the European Communities

18.5.2002

by the employer. That is so, however, only in so far, in particular, as
the said exception in favour of male officials is construed as allowing
those of them who take care of their children by themselves to have
access to that nursery places scheme on the same conditions as female
officials.

1. Dismisses the application;

2. Orders the Commission of the European Communities to bear
two thirds of the costs and the Italian Republic to bear one
third of the costs.

(1) OJ C 47 of 19.2.2000.

(1) OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT

19 March 2002

JUDGMENT OF THE COURT

(Fifth Chamber)

7 March 2002

in Case C-10/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Community own resources — Import from third countries of
goods destined for San Marino)

in Case C-13/00: Commission of the European Communi-
ties v Republic of Ireland (1)

(Failure by a Member State to fulfil its obligations —
Failure to adhere within the prescribed period to the Berne
Convention for the Protection of Literary and Artistic Works
(Paris Act of 24 July 1971) — Failure to fulfil obligations
under Article 228(7) of the EC Treaty (now, after amend-
ment, Article 300(7) EC) in conjunction with Article 5 of
Protocol 28 to the EEA Agreement)

(2002/C 118/11)

(2002/C 118/10)

(Language of the case: English)

(Language of the case: Italian)

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

In Case C-10/00, Commission of the European Communities
(Agents: E. Traversa and H. P. Hartvig) v Italian Republic
(Agent: U. Leanza, assisted by I. M. Braguglia): Application for
a declaration that, by not making available to the Commission
the sum of ITL 29 223 322 226 and by not paying default
interest on that amount from 1 January 1996, the Italian
Republic has failed to fulfil its obligations under the Com-
munity provisions relating to the Communities’ own resources,
the Court (Fifth Chamber), composed of: P. Jann, President
of the Chamber, A. La Pergola and C.W.A. Timmermans
(Rapporteur), Judges; F.G. Jacobs, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
7 March 2002, in which it:

In Case C-13/00, Commission of the European Communities,
represented by K. Banks and M. Desantes, acting as Agents,
with an address for service in Luxembourg, v Republic of
Ireland (Agent:
initially M.A. Buckley, and, subsequently,
D.J. O’Hagan), supported by United Kingdom of Great Britain
and Northern Ireland (Agent: G. Amodeo, assisted by M.
Hoskins, barrister): Application for a declaration that, by
failing to obtain its adherence before 1 January 1995 to the
Berne Convention for the Protection of Literary and Artistic
Works (Paris Act of 24 July 1971), Ireland has failed to fulfil
its obligations under Article 228(7) of the EC Treaty (now,
after amendment, Article 300(7) EC)
in conjunction with
Article 5 of Protocol 28 to the Agreement on the European
Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3), the Court,
Jann,
composed of: G.C. Rodrı´guez Iglesias, President, P.
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), C. Gulmann, D.A.O. Edward,
J.-P. Puissochet
(Rapporteur), M. Wathelet, R. Schintgen, V. Skouris, J.N. Cunha
Rodrigues and C.W.A. Timmermans, Judges;J. Mischo, Advo-
cate General; R. Grass, Registrar, has given a judgment on
19 March 2002, in which it: