Case C-233/06: Reference for a preliminary ruling from the Cour du travail de Bruxelles (Belgium) lodged on 22 May 2006 — Permesaen v Office national des pensions
Date: 2006-08-12
Institutions: Court of Justice
Subjects: equal treatment, gender equality, interest, interpretation of the law, pension scheme, social security, social-security contribution

12.8.2006

EN

Official Journal of the European Union

C 190/11

Reference for a preliminary ruling from the Cour du
travail de Bruxelles (Belgium) lodged on 22 May 2006 —
Permesaen v Office national des pensions

Court of Justice of the European Communities rules that
there is a conflict of laws and, at the very least, within the
time-limit applicable for recovery of late payment interest
due as a result of the adoption of that legislation?

(Case C-233/06)

(2006/C 190/18)

Language of the case: French

(1) Council Directive 79/7/EEC of 19 December 1978 on the progres-
sive implementation of the principle of equal treatment for men and
women in matters of social security (OJ 1979 L 6, p. 24).

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings

Applicant: Noëlle Permesaen

Defendant: Office national des pensions

Questions referred

1. With regard to the adjustment contributions (Article 4 of
the Royal Decree of 25 June 1997 inserting Article 16b(2))

sex, originally discriminated against,

Is Directive 79/7/EEC of 19 December 1978 (1) to be inter-
preted as meaning that it authorises a Member State to
adopt rules intended to allow a category of persons of a par-
ticular
to become
eligible for the pension scheme applicable to the category of
persons of the opposite sex by making retroactive payment
(a single payment of a very large sum) of contributions
recovery of which would be time-barred under the legisla-
tion applicable in that State in the case of the latter category
of persons?

If so, is not Directive 79/7/EEC of 19 December 1978 to be
interpreted as requiring a Member State to adapt legislation
contrary to that provision as soon as a judgment of the
Court of Justice of the European Communities rules that
there is a conflict of laws and, at the very least, within the
applicable time-limit
the contributions
which have become payable by virtue of the adoption of
that legislation?

recovery of

for

2. With regard to the interest for late payment (Article 4 of the
Royal Decree of 25 June 1997 inserting the third sub-
paragraph of Article 16b(4))

sex, originally discriminated against,

Is Directive 79/7/EEC of 19 December 1978 to be inter-
preted as meaning that it authorises a Member State to
adopt rules intended to allow a category of persons of a par-
ticular
to become
eligible for the pension scheme applicable to the category of
persons of the opposite sex by making payment of a large
amount of late payment interest recovery of which would
be time-barred under the legislation applicable in that State
in the case of the latter category of persons?

If so, is not Directive 79/7/EEC of 19 December 1978 to be
interpreted as requiring a Member State to adapt legislation
contrary to that provision as soon as a judgment of the

Action brought on 2 June 2006 — Commission of the
European Communities v Federal Republic of Germany

(Case C-247/06)

(2006/C 190/19)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and F. Simonetti, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

— Declaration that

the Federal Republic of Germany has
infringed Article 4(1) in conjunction with Annex I, point 9,
of Council Directive 85/337/EEC (1) of 27 June 1985 on
the assessment of the effects of certain public and private
projects on the environment by authorising the construc-
tion and operation of a wood gas firing plant on the
premises of Nivelsteiner Sandwerke und Sandsteinbrüche
GmbH in Herzogenrath without first carrying out an assess-
ment of the effects on the environment;

— Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The subject-matter of the application is an authorisation given
for a wood gas firing plant for obtaining process heat and elec-
trical current for sand mining and sand reclamation. According
to the application for authorisation, only such wood chips
were to be used as did not constitute dangerous waste.
However, after the report on environmental effects was drawn
up in accordance with Directive 92/43/EEC, the application for
authorisation was amended so as to include the use of wood
chips that were classifiable as dangerous waste. The authorisa-
tion for the construction and operation of the plant was issued
on 7 November 2002 without any new assessment of the
environmental effects on the basis of the amended application.