CELEX: C1996/197/06
Language: en
Date: 1996-07-06 00:00:00
Title: JUDGMENT OF THE COURT of 30 April 1996 in Case C-214/94 (reference for a preliminary ruling from the Bundesarbeitsgericht): Ingrid Boukhalfa v. Bundesrepublik Deutschland (National of a Member State established in a non-member country - Employed on the local staff of the embassy of another Member State in that non-member country - Treated differently from local staff having the nationality of the Member State whose embassy is involved - Applicability of Community law - Prohibition of discrimination based on nationality)

6 . 7 . 96                                 Official Journal of the European Communities                                No C 197/3
               JUDGMENT OF THE COURT                                  3 . Article 30 of the EC Treaty does not preclude a national
                        of 30 April 1996                                   provision such as Article 4 of the Law of 10 April
                                                                           1990.
in Case C-194/94 (reference for a preliminary ruling from
the Tribunal de Commerce de Liège ): CIA Security                     (!) OJ No C 254, 10 . 9 . 1994.
  International SA v . Signalson SA and Securitel SPRL ( 1 )
(Interpretation of Article 30 of the EC Treaty and of
Directive 83/189/EEC laying down a procedure for the
provision ofinformation in the field of technical standards
and regulations — National legislation on the marketing of                          JUDGMENT OF THE COURT
alarm systems and networks — Prior administrative
                             approval)                                                       of 30 April 1996
                          ( 96/C 197/05 )                             in Case C-214/94 ( reference for a preliminary ruling
                                                                      from the Bundesarbeitsgericht): Ingrid Boukhalfa v.
                                                                                     Bundesrepublik Deutschland ( 1 )
                 (Language of the case: French)                       (National of a Member State established in a non-member
                                                                      country — Employed on the local staff of the embassy of
(Provisional translation: the definitive translation will be          another Member State in that non-member country —
           published in the European Court Reports)                    Treated differently from local staffhaving the nationality of
                                                                      the Member State whose embassy is involved —
                                                                      Applicability of Community law — Prohibition of
In Case C-194/94 : reference to the Court under Article 177                        discrimination based on nationality)
of the EC Treaty by the Tribunal de Commerce de Liège
                                                                                               ( 961 C 197/06 )
( Belgium ) for a preliminary ruling in the proceedings
pending before that court between CIA Security
International SA and Signalson SA, Securitel SPRL on the                             (Language of the case: German)
interpretation of Article 30 of the EC Treaty and of Council
Directive 83/189/EEC of 28 March 1983 laying down a                   (Provisional translation; the definitive translation will be
procedure for the provision of information in the field of                     published in the European Court Reports)
technical standards and regulations ( OJ L 109 , 1983 , p . 8 ),
as amended by Council Directive 88/182/EEC of 22 March                In Case C-214/94 : reference to the Court under Article 177
 1988 ( OJ L 81 , 1988 , p . 75 ), the Court, composed of G. C.       of the EC Treaty from the Bundesarbeitsgericht ( Federal
Rodriguez Iglesias, President, C. N. Kakouris , D. A. O.              Labour Court), Federal Republic of Germany, for a
Edward and J. -P. Puissochet, Presidents of Chamber, G. F.            preliminary ruling in the proceedings pending before that
Mancini , J. C. Moitinho de Almeida, P. J. G. Kapteyn, C.             court between Ingrid Boukhalfa and Bundesrepublik
Gulmann ( Rapporteur), J. L. Murray, H. Ragnemalm and L.              Deutschland on the interpretation of Article 48 (2 ) of the EC
 Sevôn, Judges; M. B. Elmer, Advocate-General, D.                     Treaty and Article 7 ( 1 ) and ( 4 ) of Regulation (EEC)
 Louterman-Hubeau, Principal Administrator for the                    Nol612/68of the Council of 15 October 1968 on freedom
 Registrar, gave a judgment on 30 April 1996 , the operative          of movement for workers within the Community ( OJ,
 part of which is as follows :                                        English Special Edition, 1968 ( II ), p. 475 ) — the Court,
                                                                      composed of G. C. Rodriguez Iglesias, President, C. N.
                                                                       Kakouris (Rapporteur), J.-P. Puissochet and G. Hirsch
 1 . a rule such as Article 4 of the Belgian Law of 10 April           (Presidents   of Chambers ),       G.    F. Mancini,   F.   A.
      1990 on caretaking firms, security firms and internal            Schockweiler, J. C. Moitinho de Almeida, J. L. Murray, P.
      caretaking services does not constitute a technical             Jann, H. Ragnemalm and L. Sevôn, Judges; P. Léger,
      regulation within the meaning of Council Directive               Advocate-General; H. von Holstein, Deputy Registrar, for
      83/189/EEC of 28 March 1983 laying down a                        the Registrar, gave a judgment on 30 April 1996, the
      procedure for the provision ofinformation in the field of        operative part of which is as follows :
      technical standards and regulations, as amended by
       Council Directive 88/182/EEC of 22 March 1988,                  the prohibition of discrimination based on nationality, laid
      whereas provisions such as those contained in the                down in Article 48 (2) ofthe EC Treaty and Article 7 (1 ) and
      Belgian Royal Decree of 14 May 1991 laying down the              (4) of Regulation (EEC) No 1612/68 of the Council of
      procedure for approval of the alarm systems and                  1 5 October 1 968 on freedom of movement for workers
       networks referred to in the Law of 10 April 1990 do             within the Community, applies to a national of a Member
       constitute technical regulations and classification of a        State who is permanently resident in a non-member country,
       rule such as Article 12 of the Law of 10 April 1990             who is employed by another Member State in its embassy in
       depends on the legal effects which it has under domestic        that non-member country and whose contract of
       law;                                                            employment was entered into and is permanently performed
                                                                       there, as regards all aspects of the employment relationship
 2. Articles 8 and 9 of Directive 83/189, as amended by                which are governed by the legislation of the employing
       Directive 88/1 82, are to be interpreted as meaning that        Member State.
       individuals may rely on them before the national court
       which must decline to apply a national technical                 (M OJ No C 254, 10 . 9 . 1994 .
       regulation which has not been notified in accordance
       with the directive: