Case C-21/05: Action brought on 25 January 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-03-19
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, arrangement of working time, civil aviation, crew

19.3.2005

EN

Official Journal of the European Union

C 69/9

1) Where the use by an employer of the criterion of length of
service as a determinant of pay has a disparate impact as
between relevant male and female employees, does Article
141 EC require the employer to provide special justification
for recourse to that criterion? If the answer depends on the
circumstances, what are those circumstances?

2) Would the answer to the preceding question be different if
the employer applies the criterion of length of service on an
individual basis to employees so that an assessment is made
as to the extent to which greater length of service justifies a
greater level of pay?

3) Is there any relevant distinction to be drawn between the
use of the criterion of length of service in the case of part-
time workers and the use of that criterion in the case of
full-time workers?

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit for the transposition of the directive expired on
1 December 2003.

(1) OJ L 302, 1.12.2000, p. 57.

Action brought on 25 January 2005 by the Commission of
the European Communities against the Italian Republic

Appeal brought on 26 January 2005 (fax: 24 January 2005)
by August Storck KG against the judgment delivered on
10 November 2004 by the Court of First Instance of the
European Communities (Fourth Chamber) in Case T-396/
02 August Storck KG v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case C-21/05)

(2005/C 69/19)

(Language of the case: Italian)

(Case C-24/05 P)

(2005/C 69/20)

(Language of the case: German)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 25 January
2005 by the Commission of the European Communities, repre-
sented by N. Yerrell and A. Aresu, acting as Agents.

The Commission claims that the Court should:

1. declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2000/79/EC of 27 November 2000 concerning
the European Agreement on the Organisation of Working
Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines
the European
Transport Workers' Federation (ETF), the European Cockpit
Association (ECA), the European Regions Airline Associa-
tion (ERA) and the International Air Carrier Association
(IACA) (1), or in any event by not communicating the same
to the Commission, the Italian Republic has failed to fulfil
its obligations under Article 3 of that directive;

(AEA),

An appeal against the judgment delivered on 10 November
2004 by the Court of First Instance of the European Commu-
nities (Fourth Chamber) in Case T-396/02 August Storck KG v
Office for Harmonisation in the Internal Market (Trade Marks and
Designs) was brought before the Court of Justice of the Euro-
pean Communities on 26 January 2005 (fax: 24 January 2005)
by August Storck KG, represented by Ilse Rohr, Heidi Wrage-
Molkenthin and Tim Reher, Rechtsanwälte, CMS Hasche Sigle,
Stadthausbrücke 1-3, D-20355 Hamburg.

The appellant claims that the Court should:

1. set aside the judgment of the Court of First Instance (Fourth

Chamber) of 10 November 2004 in Case T-396/02; (1)

2. grant the forms of order sought at first instance and give
final judgment on the dispute or, in the alternative, remit
the case to the Court of First Instance;

3. order OHIM to pay the costs of the proceedings.