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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

No C 386 / 2 Official Journal of the European Communities 31 . 12 . 94

Treaty and in 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 to assimilate
receipt of a retirement pension to pursuit of a main
occupation affording social security when that pension
is reduced by loss of earnings as a result of time spent
bringing up a child .

JUDGMENT OF THE COURT

( First Chamber )

of 13 December 1994

receipt of a retirement pension to pursuit of a main in Case C-401 / 93 ( reference for a preliminary ruling from
occupation affording social security when that pension the Finanzgericht Rheinland-Pfalz ): GoldStar Europe
is reduced by loss of earnings as a result of time spent GmbH v. Hauptzollamt Ludwigshafen (*)
bringing up a child . ( Common Customs Tariff — Mecadecks — Classification

— General rule 2(a ) — Essential characteristics —
## 0 ) OJ No C 189, 13 . 7 . 1993 . Regulation ( EEC ) No 2275 / 88 — Invalidity )

( 2 ) OJ No L 45, 19 . 2 . 1975, p . 19 .
( 3 ) OJ No L 39, 14 . 2 . 1976, p . 40 . ( 94 / C 386 / 04 )

JUDGMENT OF THE COURT

of 13 December 1994

in Case C-306 / 93 ( reference for a preliminary ruling made
by the Verwaltungsgericht Mainz ): SMW Winzersekt

GmbH v. Land Rheinland-Pfalz (*)

( Preliminary reference — Assessment of validity —
Description of sparkling wines — Prohibition of reference to

the method of production known as ' methode
champenoise ')

( 94 / C 386 / 03 )

( Language of the case : German )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-306 / 93 : reference to the Court under Article 177

of the EEC Treaty by the Verwaltungsgericht
( Administrative Court ) Mainz ( Germany ) for a preliminary
ruling in the proceedings pending before that court between
SMW Winzersekt GmbH and Land Rheinland-Pfalz — on

the validity of the second and third subparagraphs of
Article 6 ( 5 ) of Council Regulation ( EEC ) No 2333 / 92 of

13 July 1992 laying down general rules for the description
and presentation of sparkling wines and aerated sparkling
wines ( 2 ) — the Court, composed of : G. C. Rodriguez
Iglesias, President, F. A. Schockweiler and P. J. G. Kapteyn
( Presidents of Chambers ), G. F. Mancini, C. N. Kakouris,
J. C. Moitinho de Almeida and J. L. Murray ( Rapporteur ),
Judges ; C. Gulmann, Advocate General ; H. A. Riihl,

Principal Administrator, for the Registrar, has given a
j udgment on 1 3 December 1 994, the operative part of which
is as follows :

Examination of the question submitted has not revealed any
factor of such a kind as to affect the validity of the second
and third subparagraphs of Article 6 ( 5 ) of Council
Regulation ( EEC ) No 2333 / 92 of 13 July 1992 laying down
general rules for the description and presentation of
sparkling wines and aerated sparkling wines .

(!) OJ No C 199, 23 . 7 . 1993 .

( 2 ) OJ No L 231, 13 . 8 . 1992, p . 9 .

( Language of the case : German )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-401 / 93 : reference to the Court under Article 177
of the EEC Treaty from the Finanzgericht Rheinland-Pfalz
( Rhineland-Palatinate Finance Court ), Germany, for a
preliminary ruling in the proceedings pending before that
court between GoldStar Europe GmbH and Hauptzollamt
Ludwigshafen — on the interpretation and validity of
Commission Regulation ( EEC ) No 2275 / 88 of 25 July 1988
concerning the classification of certain goods in the
combined nomenclature ( 2 ) and on the interpretation of
Commission Regulation ( EEC ) No 3085 / 91 of 21 October

1991 amending Regulation ( EEC ) No 2275 / 88 concerning
the classification of certain goods ( in the combined
nomenclature ( 3 ) — the Court ( First Chamber ), composed
of : G. C. Rodriguez Iglesias, President of the Court, acting as
President of the Chamber, R. Joliet, President of Chamber,
and D. A. O. Edward ( Rapporteur ), Judge ; F. G. Jacobs,
Advocate General ; H. A. Riihl, Principal Administrator, for
the Registrar, has given a judgment on 13 December 1994,
the operative part of which is as follows :

Commission Regulation ( EEC ) No 2275 / 88 of 25 July 1988
concerning the classification of certain goods in the
combined nomenclature was invalid in so far as, in item 9 of
the Annex thereto, it classified mecadecks under tariff
subheading 8521 10 39 .

( x ) OJ No C 278, 16 . 10 . 1993 .
( 2 ) OJ No L 200, 26 . 7 . 1988, p . 10 .

( 3 ) OJ No L 291, 23 . 10 . 1991, p . 12 .

JUDGMENT OF THE COURT

( Sixth Chamber )

of 15 December 1994

in Case C-195 / 91 P : Bayer AG v. Commission of the

European Communities (*)

( Appeal — Competition — Time-limit for initiating

proceedings — Notification )

( 94 / C 386 / 05 )

( Language of the case : German )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-195 / 91 P : Bayer AG, a company incorporated
under German law, having its registered office in