CELEX: C1995/315/14
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 19 October 1995 in Case C-128/94 (reference for a preliminary ruling from the Bundesverwaltungsgericht) Hans Hönig v. Stadt Stockach (Directive 88/166/EEC - Minimum standards for the protection of laying hens kept in battery cages)

No C 315/8            EN                     Official Journal of the European Communities                                   25 . 11 . 95
Civile e Penale di Milano in its order for reference of                                JUDGMENT OF THE COURT
31 March 1994 .
                                                                                                ( Sixth Chamber)
                                                                                              of 19 October 1995
(') OJ No C 161 , 11 . 6 . 1994 .                                       in Case C-137/94 ( reference for a preliminary ruling from
                                                                        the Divisional Court of the Queen's Bench Division of the
                                                                        High Court of Justice of England and Wales ): The Queen v.
                                                                        Secretary of State for Health, ex-parte Cyril
                                                                                                  Richardson (')
                                                                        (Equal treatment for men and women — Exemption from
                                                                        prescription charges — Scope of Directive 79/7/EEC —
                                                                        Link with pensionable age — Temporal effects of
             JUDGMENT OF THE COURT                                                                   judgment)
                       ( Fourth Chamber )                                                         ( 95/C 315/ 15 )
                    of 19 October 1995
in Case C-128/94 ( reference for a preliminary ruling from
                                                                                        (Language of the case: English)
the Bundesverwaltungsgericht ) Hans Honig v. Stadt
                            Stockach ( ! )
(Directive 88/166/EEC — Minimum standards for the
      protection of laying hens kept in battery cages)                  In Case C-137/94 : reference to the Court under Article 177
                                                                        of the EC Treaty from the Divisional Court of the Queen 's
                          ( 95/C 315/14 )
                                                                        Bench Division of the High Court of Justice of England and
                                                                        Wales for a preliminary ruling in the proceedings pending
                                                                        before that court between the Queen and the Secretary of
              (Language of the case: German)                            State for Health, ex-parte Cyril Richardson — on the
                                                                        interpretation of Council Directive 79/7/EEC of
                                                                        19 December 1978 on the progressive implementation of
(Provisional translation; the definitive translation will be            the principle of equal treatment for men and women in
        published in the European Court Reports)                        matters of social security ( OJ 1979 L 6 , p. 24 ) — the Court
                                                                        ( Sixth Chamber ), composed of: C. N. Kakouris, President of
                                                                        the Chamber, F. A. Schockweiler ( Rapporteur ), P. J. G.
In Case C-128/94 : reference to the Court under Article 177
                                                                        Kapteyn, J. L. Murray and H. Ragnemalm, Judges; M. B.
of the EC Treaty by the Bundesverwaltungsgericht for a                  Elmer , Advocate-General ; L. Hewlett, Administrator, for
preliminary ruling in the proceedings pending before that               the Registrar, gave a' judgment on 19 October 1995 , in
court between Hans Honig and Stadt Stockach — on the                    which it ruled :
interpretation of Article 3 ( 1 ) ( a ) of the Annex to Council
Directive 88/ 166/EEC of 7 March 1988 complying with the
judgment of the Court of Justice in Case 131 /86 ( annulment
of Council Directive 86/ 113/EEC of 25 March 1986 laying                 1 . Article 3 (1 ) of Council Directive 79/7/EEC of
down minimum standards for the protection of laying hens                     19 December 1978 on the progressive implementation
kept in battery cages ) ( OJ 1988 L 74, p. 83 ) — the Court                  of the principle of equal treatment for men and women
( Fourth Chamber ), composed of: C. N. Kakouris, President                   in matters of social security is to be interpreted as
of the Chamber, P. J. G. Kapteyn ( Rapporteur ), and J. L.                   meaning that a system such as that established by
Murray, Judges; Advocate-General : P. Leger, Registrar:                      Regulation 6 (1 ) of the National Health Service
H. A. Riihl, Principal Administrator, gave a judgment on                     (Charges for Drugs and Appliances) Regulations 1989,
 19 October 1995 , the operative part of which is as                         exempting various categories of persons, in particular
follows :                                                                    certain old people, from prescription charges falls
                                                                             within the scope of the Directive.
Article 3 (1 ) (a) of the Annex to Council Directive
88/1 66/EEC of 7 March 1 988 complying with the judgment
of the Court of Justice in Case 131 /86 (annulment of                   2 . Article 7 (1 ) (a) of Directive 79/7/EEC does not allow a
 Council Directive 86/113/EEC of 25 March 1986 laying                        Member State which, pursuant to that provision, has set
down minimum standards for the protection of laying hens                     the pensionble age for women at 60 years and for men at
kept in battery cages) is to be interpreted as permitting                    65 years also to provide that women are be exempt from
Member States to lay down stricter national rules regarding                  prescription charges at the age of 60 and men only at the
                                                                             age of 65.
cage area for laying hens kept in battery cages.
    OJ No C 174, 25 . 6. 1                                               ^ There is no reason to limit the temporal effect of this
                                                                             judgment, so that the direct effect of Article 4 (1 ) of
                                                                             Directive 79/7/EEC may also be relied on to support
                                                                             claims for damages in respect ofperiods prior to the date