CELEX: C1998/113/10
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT of 19 February 1998 in Case C-212/96 (reference for a preliminary ruling from the Tribunal Administratif, Saint-Denis de la Réunion): Paul Chevassus-Marche v. Conseil Régional de la Réunion ('Dock dues' (octroi de mer) - Fiscal rules applicable to the French overseas departments - Decision 89/688/EEC - Charges having an effect equivalent to a customs duty - Internal taxation)

C 113/4                EN                    Official Journal of the European Communities                                      11.4.98
the purpose of applying that rule against overlapping, of               laws of the Member States relating to the application of
the benefits in question.                                               the principle of equal pay for men and women.
                                                                        (1) OJ C 269, 14.9.1996.
(1) OJ C 26, 25.1.1997.                                                 (2) OJ L 45, 19.2.1975, p. 19.
(2) Official Journal English Special Edition 1971 (II), p. 416.         (3) OJ L 39, 14.2.1976, p. 40.
(3) OJ L 230, 22.8.1983, p. 6.
(4) OJ L 136, 19.5.1992, p. 7.
                                                                                       JUDGMENT OF THE COURT
                                                                                             of 19 February 1998
                JUDGMENT OF THE COURT                                   in Case C-212/96 (reference for a preliminary ruling from
                                                                        the Tribunal Administratif, Saint-Denis de la ReÂunion):
                      of 17 February 1998                               Paul Chevassus-Marche v. Conseil ReÂgional de la
                                                                                                   ReÂunion (1)
in Case C-249/96 (reference for a preliminary ruling from
the Industrial Tribunal, Southampton): Lisa Jacqueline                  (Dock dues' (octroi de mer) Ð Fiscal rules applicable to
               Grant v. South-West Trains Ltd (1)                       the French overseas departments Ð Decision 89/688/EEC
                                                                        Ð Charges having an effect equivalent to a customs duty
(Equal treatment of men and women Ð Refusal of travel                                        Ð Internal taxation)
          concessions to cohabitees of the same sex)
                                                                                                 (98/C 113/10)
                          (98/C 113/09)
                                                                                        (Language of the case: French)
                 (Language of the case: English)                          (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
In Case C-249/96: reference to the Court pursuant to                    In Case C-212/96: reference to the Court pursuant to
Article 177 of the EC Treaty from the Industrial Tribunal,              Article 177 of the EC Treaty from the Tribunal
Southampton, for a preliminary ruling in the proceedings                Administratif (Administrative Court), Saint-Denis de la
pending before that tribunal between Lisa Jacqueline                    ReÂunion, France, for a preliminary ruling in the
Grant and South-West Trains Ltd Ð on the interpretation                 proceedings pending before that court between Paul
of Article 119 of the EC Treaty, Council Directive 75/117/              Chevassus-Marche and Conseil ReÂgional de la ReÂunion Ð
EEC of 10 February 1975 on the approximation of the                     on the interpretation of Articles 9, 12 and 13 and the
laws of the Member States relating to the application of                second paragraph of Article 95 of the EC Treaty, and on
the principle of equal pay for men and women (2), and                   the interpretation and validity of Council Decision 89/688/
Council Directive 76/207/EEC of 9 February 1976 on the                  EEC of 22 December 1989 concerning the dock dues
implementation of the principle of equal treatment for                  (octroi de mer) in the French overseas departments (2) Ð
men and women as regards access to employment,                          the Court, composed of: G. C. Rodríguez Iglesias,
vocational training and promotion, and working                          President, C. Gulmann, H. Ragnemalm, M. Wathelet
conditions (3), the Court, composed of: G. C. Rodríguez                 (Presidents of Chambers), G. F. Mancini, J. C. Moitinho
Iglesias, President, C. Gulmann, H. Ragnemalm, M.                       de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
Wathelet (Presidents of Chambers), G. F. Mancini, J. C.                 Edward (Rapporteur), J.-P. Puissochet, G. Hirsch, P. Jann
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                    and L. Sevón, Judges; G. Tesauro, Advocate-General; D.
D. A. O. Edward, J.-P. Puissochet (Rapporteur), G.                      Louterman-Hubeau, Principal Administrator, for the
Hirsch, P. Jann and L. Sevón, Judges; M. B. Elmer,                      Registrar, has given a judgment on 19 February 1998, in
Advocate-General; L. Hewlett, Administrator, for the                    which it has ruled:
Registrar, has given a judgment on 17 February 1998, in
which it has ruled:                                                     Consideration of Council Decision 89/688/EEC of
                                                                        22 December 1989 concerning the dock dues in the
                                                                        French overseas departments, in so far as it authorises a
                                                                        system of exemptions from the charge termed octroi de
The refusal by an employer to allow travel concessions to               mer subject to strict conditions which it lays down, has
the person of the same sex with whom a worker has a                     disclosed no factor of such a kind as to affect its validity.
stable relationship, where such concessions are allowed to
a worker's spouse or to the person of the opposite sex
with whom a worker has a stable relationship outside                    (1) OJ C 269, 14.9.1996.
                                                                        (2) OJ L 399, 30.12.1989, p. 46.
marriage, does not constitute discrimination prohibited by
Article 119 of the EC Treaty or Council Directive 75/117/
EEC of 10 February 1975 on the approximation of the