Case C-307/05: Judgment of the Court (Second Chamber) of 13 September 2007 (reference for a preliminary ruling from the Juzgado de lo Social de San Sebastián, Spain) — Yolanda Del Cerro Alonso v Osakidetsa (Servicio Vasco de Salud) (Directive 1999/70/EC — Clause 4 of the framework agreement on fixed-term work — Principle of non-discrimination — Concept of employment conditions — Length-of-service allowance — Inclusion — Objective grounds justifying a difference in treatment — None)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: bonus payment, equal pay, interpretation of the law, temporary employment

10.11.2007

EN

Official Journal of the European Union

C 269/7

Judgment of the Court (Fourth Chamber) of 20 September
the European Communities v
2007 — Commission of

species for which SPA IT 2040044, Parco Nazionale dello
Stelvio, was designated,

Italian Republic

(Case C-304/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats and of wild
fauna and flora — Directive 79/409/EEC — Conservation of
impact of
wild birds — Assessment of the environmental

works to modify ski runs)

(2007/C 269/13)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and D. Recchia, agents)

Defendant: Italian Republic (represented by: I.M. Braguglia and G.
Fiengo, agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 6(2) to (4) in conjunction with Article 7 of Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (OJ 1992 L 206,
p. 7) — Infringement of Article 4(1) and (2) of Council Direc-
tive 79/409/EEC of 2 April 1979 on the conservation of wild
birds (OJ 1979 L 203, p. 1) — Extension of the Santa Caterina
Valfurva ski area in the Stelvio National Park (Special Protection
Area IT 2040044) without any prior environmental
impact
assessment being carried out — Failure to take measures to
avoid disturbing and damaging the habitats of species for which
the special protection area was designated.

the Italian Republic has failed to fulfil its obligations under Article
6(2) to (4) of Council Directive 92/43/EEC of 21 May 1992 on
the conservation of natural habitats and of wild fauna and flora, in
conjunction with Article 7 of that directive, and under Article 4(1)
and (2) of Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds;

2. Dismisses the remainder of the action;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 299, 17.9.2005.

Judgment of the Court (Second Chamber) of 13 September
2007 (reference for a preliminary ruling from the Juzgado
de lo Social de San Sebastián, Spain) — Yolanda Del Cerro
Alonso v Osakidetsa (Servicio Vasco de Salud)

(Case C-307/05) (1)

(Directive 1999/70/EC — Clause 4 of the framework agree-
ment on fixed-term work — Principle of non-discrimination
— Concept of ‘employment conditions’ — Length-of-service
allowance — Inclusion — Objective grounds justifying a
difference in treatment — None)

(2007/C 269/14)

Language of the case: Spanish

Operative part of the judgment

Referring court

The Court:

1. Declares that:

— by authorising measures likely to have a significant impact on
Special Protection Area IT 2040044, Parco Nazionale dello
Stelvio, without making them subject to an appropriate assess-
ment of their implications in the light of the area's conservation
objectives;

— by authorising such measures, without complying with the
provisions which allow a project to be carried out, in spite of a
negative assessment of the implications and in the absence of
alternative solutions, only for imperative reasons of overriding
public interest and then only after adopting and communicating
to the Commission of the European Communities all compen-
satory measures necessary to ensure that the overall coherence
of Natura 2000 is protected; and

— by failing to adopt measures to avoid the deterioration of
natural habitats and habitats of species and the disturbance of

Juzgado de lo Social de San Sebastian

Parties to the main proceedings

Applicant: Yolanda Del Cerro Alonso

Defendant: Osakidetsa (Servicio Vasco de Salud)

Re:

Sebastian — Interpretation

Reference for a preliminary ruling — Juzgado de lo Social
San
of Council Directive
1999/70/EC of 28 June 1999 concerning the framework agree-
ment on fixed-term work concluded by ETUC, UNICE and CEEP
(OJ 1999 L 175, p. 43) — Whether working conditions
include financial conditions — Length of service allowance —
Non-payment due to agreements between the staff trade union
and the administration — Adequate and objective reasons

C 269/8

EN

Official Journal of the European Union

10.11.2007

Operative part of the judgment

Operative part of the judgment

framework agreement on fixed-term work,

1. The concept of ‘employment conditions’ referred to in clause 4(1) of
the
concluded on
18 March 1999, and which is set out in the Annex to Council
Directive 1999/70/EC of 28 June 1999 concerning the framework
agreement on fixed-term work concluded by ETUC, UNICE and
CEEP must be interpreted as meaning that it can act as a basis for
a claim such as that at issue in the main proceedings, which seeks
the grant to a fixed-term worker of a length-of-service allowance
which is reserved under national law solely to permanent staff.

2. Clause 4(1) of the framework agreement must be interpreted as
meaning that it precludes the introduction of a difference in treat-
ment between fixed-term workers and permanent workers which is
justified solely on the basis that it is provided for by a provision of
statute or secondary legislation of a Member State or by a collective
agreement concluded between the staff union representatives and the
relevant employer.

(1) OJ C 257, 15.12.2005.

Judgment of the Court (Grand Chamber) of 11 September
the European Communities v
2007 — Commission of

Federal Republic of Germany

(Case C-318/05) (1)

(Failure by a Member State to fulfil
its obligations —
Articles 18 EC, 39 EC, 43 EC and 49 EC — Income tax legis-
lation — School fees — Tax deductibility limited to school
fees paid to national private establishments)

1) By generally excluding school fees for attending a school situated in
another Member State from the tax deduction for special expenses
under Article 10(1)(9) of the Law on Income Tax (Einkommen-
steuergesetz) in the version published on 19 October 2002, the
Federal Republic of Germany has failed to fulfil
its obligations
under Articles 18 EC, 39 EC, 43 EC and 49 EC.

2) The remainder of the action is dismissed.

3) The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 257, 15.10.2005.

Judgment of the Court (Second Chamber) of 20 September
the European Communities v
2007 — Commission of

Italian Republic

(Case C-388/05) (1)

(Failure of a Member State to fulfil obligations — Conserva-
tion of natural habitats — Wild fauna and flora — Special
Protection Area ‘Valloni e steppe pedegarganiche’)

(2007/C 269/16)

Language of the case: Italian

(2007/C 269/15)

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and D. Recchiqa, Agents,)

Defendant:. (represented by: I. Braguglia, Agent, and G. Fiengo,
Lawyer)

Applicant: Commission of the European Communities (repre-
sented by: K. Gross and R. Lyal, Agents)

Defendant:
M. Lumma and U. Forsthoff, Agents)

Federal Republic of Germany (represented by:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 18, 39, 43 and 49 EC — National income tax legis-
lation which excludes without exception the possibility to
deduct
fees of children who are
receiving education abroad.

tax in respect of school

Failure of a Member State to fulfil obligations — Breach of
Article 4(4) of Council Directive 79/409/EEC of 2 April 1979
on the conservation of wild birds (OJ 1979 L 103, p. 1) and of
Article 6(2),
(3) and (4) and Article 7 of Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) —
Obligation to take appropriate steps to avoid deterioration of
natural habitats and species habitats within special areas of
conservation — Industrial developments affecting the Gargano
National Park