Judgment of the Court (Second Chamber) of 30 September 2004 in Case C-319/03 (reference for a preliminary ruling from the Tribunal administratif de Paris): Serge Briheche v Ministre de l'Intérieur, Ministre de l'Éducation nationale and Ministre de la Justice (Social policy — Equal treatment of men and women — Article 141(4) EC — Directive 76/207/EEC — Conditions of access to public-sector employment — Provisions reserving to widows who have not remarried the benefit of the exemption from the age-limit for obtaining access to that employment)
Date: 2004-11-20
Institutions: Court of Justice
Subjects: gender equality, in-service training, interpretation of the law, job access, promotion, widowed person, working conditions

C 284/4

EN

Official Journal of the European Union

20.11.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 23 September 2004

(Second Chamber)

of 30 September 2004

in Case C-150/03 P: Chantal Hectors v European Parlia-
ment (1)

(Appeal — Officials — Temporary staff in the European
Parliament's political groups — Recruitment — Rejection of
candidature — Grounds — Requirement of a statement of
specific reasons)

(2004/C 284/07)

(Language of the case: French)

in Case C-319/03 (reference for a preliminary ruling from
the Tribunal administratif de Paris): Serge Briheche v
Ministre de l'Intérieur, Ministre de l'Éducation nationale
and Ministre de la Justice (1)

(Social policy — Equal treatment of men and women —
Article 141(4) EC — Directive 76/207/EEC — Conditions of
access to public-sector employment — Provisions reserving to
widows who have not remarried the benefit of the exemption
from the age-limit for obtaining access to that employment)

In Case C-150/03 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged at the Court on 31 March 2003, by
Chantal Hectors,
residing at Mont-sur-Rolle (Switzerland),
(represented by G. Vandersanden and L. Levis, avocats), the
other party to the proceedings being: European Parliament
(Agents: H. von Hertzen and J.F. de Wachter) — the Court
(Second Chamber), composed of: C.W.A. Timmermans, Presi-
dent of the Chamber, C. Gulmann, J.-P. Puissochet (Rappor-
teur), J.N. Cunha Rodrigues and N. Colneric, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; M. Múgica Arzamendi,
Principal Administrator, for the Registrar, has given a judgment
on 23 September 2004, in which it:

1. Sets aside the judgment of 23 January 2003 of the Court of First
Instance of the European Communities in Case T-181/01 Hectors
v Parliament;

2. Annuls the decisions of

the authority competent

to conclude
contracts of employment appointing Mr B to the post of Dutch-
language administrator in the European People's Party (Christian-
the European
Democrats) and European Democrats Group of
Parliament and rejecting Ms Hectors' candidature for that post, as
well as the decision rejecting her complaint;

3. Dismisses the remainder of the appeal;

4. Orders the European Parliament to pay the costs of the appeal
and, in addition to its own costs, half of Ms Hectors' costs before
the Court of First Instance of the European Communities.

(1) OJ C 112 of 10 May 2003.

(2004/C 284/08)

(Language of the case: French)

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

In Case C-319/03: reference for a preliminary ruling under
Article 234 EC from the Tribunal administratif de Paris
(France), made by decision of 3 July 2003, received at the
Court on 24 July 2003,
in the proceedings between Serge
Briheche and Ministre de l'Intérieur, Ministre de l'Éducation
nationale and Ministre de la Justice — the Court
(Second
Chamber), composed of: C.W.A. Timmermans, President of the
Chamber, C. Gulmann, R. Schintgen, F. Macken (Rapporteur)
and N. Colneric, Judges; M. Poiares Maduro, Advocate General;
R. Grass, Registrar, has given a judgment on 30 September
2004, in which it has ruled:

Article 3(1) and Article 2(4) of Council Directive 76/207/EEC of 9
February 1976 on the implementation of the principle of equal treat-
ment for men and women as regards access to employment, vocational
training and promotion, and working conditions must be interpreted
as meaning that they preclude a national provision, such as that in
question in the main proceedings, which reserves the exemption from
the age-limit
to
widows who have not remarried who are obliged to work, excluding
widowers who have not remarried who are in the same situation.

for obtaining access to public-sector employment

(1) OJ C 226, 20.9.2003.