Source: EURLEX
Language: en
Format: md

31 . 12 . 94 Official Journal of the European Communities No C 386 / 1

I

( Information )

# COURT OF JUSTICE

COURT OF JUSTICE

OPINION 1 / 94 JUDGMENT OF THE COURT

of 15 November 1994 ( 1 ) ( Fifth Chamber )

( Competence of the Community to conclude international of 13 December 1994
agreements concerning services and the protection of in Case C-297 / 93 ( reference for a
intellectual property — Article 228 ( 6 ) of the EC Treaty ) the Arbeitsgericht Bremen ): Rita

( 94 / C 386 / 01 )

By a request made under Article 228 ( 6 ) of the EC Treaty,
the Commission sought the opinion of the Court on the
competence of the European Community to conclude the
Agreement establishing the World Trade Organization and,
in particular, the General Agreement on Trade in Services
( GATS ) and the Agreement on Trade-Related Aspects of
Intellectual Property Rights, including trade in counterfeit
goods { TRIPs ) — the Court, composed of : G. C. Rodriguez
Iglesias, President, R. Joliet ( Rapporteur ), F. A.
Schockweiler, P. J. G. Kapteyn and C. Gulmann, Presidents
of Chambers, G. F. Mancini, C. N. Kakouris, J. C. Moitinho
de Almeida, J. L. Murray, D. A. O. Edward and A. M. La
Pergola, Judges, after hearing F. G. Jacobs, First Advocate
General, C. O. Lenz, G. Tesauro, G. Cosmas, P. Leger and
M. Elmer, Advocates General, gave the following
opinion :

1 . The Community has sole competence, pursuant to
Article 113 of the EC Treaty, to conclude the
Multilateral Agreements on Trade in Goods ;

2 . The Community and its Member States are jointly
competent to conclude GATS ;

3 . The Community and its Member States are jointly
competent to conclude TRIPs .

in Case C-297 / 93 ( reference for a preliminary ruling from
the Arbeitsgericht Bremen ): Rita Grau-Hupka v.
Stadtgemeinde Bremen ( l )
( Equal treatment for men and women — Secondary
part-time activity — Different pay — Indirect
discrimination )

( 94 / C 386 / 02 )

( Language of the case : German )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-297 / 93 : reference to the Court under Article 177

of the EEC Treaty from the Arbeitsgericht ( Labour Court )
Bremen for a preliminary ruling in the proceedings pending
before that court between Rita Grau-Hupka and
Stadtgemeinde ( Municipality of ) Bremen on the
interpretation of Article 119 of the EEC Treaty, 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 ( 2 ) and Council Directive 76 / 207 / EEC of 9 February

1976 on the implementation of the principle of equal
treatment for men and women as regards access to
employment, vocational training and promotion, and
working conditions ( 3 ) the Court ( Fifth Chamber ),
composed of G. C. Rodriguez Iglesias, President, acting as
President of the Chamber, R. Joliet ( Rapporteur ), President
of Chamber, and J. C. Moitinho de Almeida, Judges ; F. G.
Jacobs, Advocate General ; R. Grass, Registrar, gave a

j udgment on 1 3 December 1 994, the operative part of which
is as follows :

(!) OJ No C 218, 6 . 8 . 1994 . 1 . It is not necessary to rule on the first question .

2 . It is not incompatible with the principle of equal pay for

men and women laid down in Article 119 of the EEC