Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-77/02 (Reference for a preliminary ruling from the Verwaltungsgericht Sigmaringen): Erika Steinicke v Bundesanstalt für Arbeit (Social policy — Equal treatment for men and women — Scheme of part-time work for older employees — Directive 76/207/EEC — Indirect discrimination — Objective justification)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: cessation of trading, civil servant, full-time employment, interpretation of the law, part-time employment

C 275/18

EN

Official Journal of the European Union

15.11.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 25 September 2003

in Case C-74/02: Commission of the European Communi-
ties v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
1999/94/EC — Failure to implement within the prescribed
period)

(2003/C 275/30)

(Language of the case: German)

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

In Case C-74/02, Commission of the European Communities
(Agent: G. zur Hausen) v Federal Republic of Germany (Agents:
W.-D. Plessing and M. Lumma): Application for a declaration
that, by failing to adopt within the prescribed period the
measures necessary to comply with Directive 1999/94/EC of
the European Parliament and of the Council of 13 December
1999 relating to the availability of consumer information on
fuel economy and CO2 emissions in respect of the marketing
of new passenger cars (OJ 2000 L 12, p. 16), the Federal
Republic of Germany has failed to fulfil
its obligations
under that directive, the Court (First Chamber), composed of:
M. Wathelet (Rapporteur), President of the Chamber, P. Jann
and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 25 September 2003, in
which it:

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Directive 1999/94/EC of the European Parliament
and of the Council of 13 December 1999 relating to the
availability of consumer information on fuel economy and CO2
emissions in respect of the marketing of new passenger cars, the
Federal Republic of Germany has failed to fulfil its obligations
under that directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 97 of 20.4.2002.

(Sixth Chamber)

of 11 September 2003

in Case C-77/02 (Reference for a preliminary ruling from
the Verwaltungsgericht Sigmaringen): Erika Steinicke v
Bundesanstalt für Arbeit (1)

(Social policy — Equal treatment for men and women —
Scheme of part-time work for older employees — Directive
76/207/EEC — Indirect discrimination — Objective justifi-
cation)

(2003/C 275/31)

(Language of the case: German)

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

In Case C-77/02: Reference to the Court under Article 234 EC
for a
by the Verwaltungsgericht Sigmaringen (Germany)
preliminary ruling in the proceedings pending before that
court between Erika Steinicke and Bundesanstalt für Arbeit, on
the interpretation of Article 141 EC and of Council Directives
75/117/EEC of 10 February 1975 on the approximation of
the laws of the Member States relating to the application of
the principles of equal pay for men and women (OJ 1975
L 45, p. 19), 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 1975
L 39, p. 40) and 97/81/EC of 15 December 1997 concerning
the Framework Agreement on part-time work concluded by
UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9), the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, R. Schintgen, V. Skouris, F. Macken (Rapporteur)
and J.N. Cunha Rodrigues,
Judges; A. Tizzano, Advocate
General; R. Grass, Registrar, has given a judgment on 11 Sep-
tember 2003, in which it has ruled:

Articles 2(1) and 5(1) 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 must be
interpreted as precluding a provision, such as point 2 of the first
sentence of Paragraph 72(b)(1) of the Bundesbeamtengesetz (German
Law on federal public servants), in the version of 31 March 1999 in
force until 30 June 2000, by virtue of which part-time work for older
employees may be authorised for public servants only if they have
worked full-time for a total of at least three of the five years preceding
such part-time work, when significantly more women than men work
part-time and are consequently excluded by that provision from the
scheme of part-time work for older employees, unless such provision
is justified by objective factors unrelated to any discrimination on
grounds of sex.

(1) OJ C 118 of 18.5.2002.