Judgment of the Court (First Chamber) of 27 May 2004 in Case C-285/02 (reference for a preliminary ruling from the Verwaltungsgericht Minden (Germany)): Edeltraud Elsner-Lakeberg v Land Nordrhein-Westfalen (Article 141 EC — Directive 75/117/EEC — National measure providing that full-time and part-time teachers are obliged to work the same number of additional hours before being entitled to remuneration — Indirect discrimination against women teachers employed part-time)
Date: 2004-07-10
Institutions: Court of Justice
Subjects: equal pay, gender equality, interpretation of the law, overtime, teacher

10.7.2004

EN

Official Journal of the European Union

C 179/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(First Chamber)

of 27 May 2004

tional work does not exceed three hours per calendar month, if that
different treatment affects considerably more women than men and if
there is no objective unrelated to sex which justifies that different
treatment or it is not necessary to achieve the objective pursued.

(1) OJ C 247, 12.10.2002.

in Case C-285/02 (reference for a preliminary ruling from
the Verwaltungsgericht Minden (Germany)): Edeltraud
Elsner-Lakeberg v Land Nordrhein-Westfalen (1)

(Article 141 EC — Directive 75/117/EEC — National
measure providing that full-time and part-time teachers are
obliged to work the same number of additional hours before
being entitled to remuneration — Indirect discrimination
against women teachers employed part-time)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 27 May 2004

(2004/C 179/01)

(Language of the case: German)

in Case C-398/02: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directive
75/442/EEC — Environment — Management of waste)

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

(2004/C 179/02)

(Language of the case: Spanish)

In Case C-285/02: reference to the Court under Article 234 EC
from the Verwaltungsgericht Minden (Germany) for a preli-
minary ruling in the proceedings pending before that court
between Edeltraud Elsner-Lakeberg and Land Nordrhein-West-
falen — on the interpretation of Article 141 EC and Council
Directive 75/117/EEC of 10 February 1975 on the approxima-
tion of the laws of the Member States relating to the applica-
tion of the principle of equal pay for men and women (OJ
1975 L 45, p. 19) — the Court (First Chamber) composed of:
P. Jann (Rapporteur), President of the Chamber, A. La Pergola,
S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges; F.G.
Jacobs, Advocate General; R. Grass, Registrar, has given a judg-
ment on, the operative part of which is as follows:

Article 141 EC and Article 1 of Council Directive 75/117/EEC of
10 February 1975 on the approximation of the laws of the Member
States relating to the application of the principle of equal pay for men
and women, must be interpreted as precluding national
legislation
which provides that teachers, part-time as well as full-time, do not
receive any remuneration for additional hours worked when the addi-

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

In Case C-398/02: Commission of the European Communities
(Agents: G. Valero Jordana and M. Konstantinidis) v Kingdom
of Spain (Agent: L. Fraguas Gadea) — application for a declara-
tion that, by failing to adopt the measures necessary to ensure,
as regards the landfill located at La Baneza (Spain), the imple-
mentation of Articles 4, 9 and 13 of Council Directive
75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39),
as amended by Council Directive 91/156/EEC of 18 March
1991 (OJ 1991 L 78, p. 32), the Kingdom of Spain has failed
to fulfil its obligations under that directive — the Court (Fourth
Chamber), composed of: J.N. Cunha Rodrigues (Rapporteur),
President of the Chamber,
F. Macken,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 27 May 2004, in which it:

J.-P. Puissochet and