CELEX: C2001/348/05
Language: en
Date: 2001-12-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 October 2001 in Case C-379/99 (reference for a preliminary ruling from the Bundesarbeitsgericht): Pensionskasse für die Angestellten der Barmer Ersatzkasse VVaG v Hans Menauer (Equal pay for men and women — Occupational pensions — Pension funds entrusted with carrying out the employer's obligation as regards payment of a supplementary pension — Survivor's pension)

8.12.2001                 EN                     Official Journal of the European Communities                                             C 348/3
ley, and subsequently L.A. Farrell) — application for a declar-             (Germany) for a preliminary ruling in the proceedings pending
ation that, by failing to take all the measures necessary to                before that court between Pensionskasse für die Angestellten
ensure the correct implementation of Articles 2(d), 11 and 12               der Barmer Ersatzkasse VVaG and Hans Menauer — the
of Council Directive 86/609/EEC of 24 November 1986 on                      interpretation of Article 119 of the EC Treaty (Articles 117 to
the approximation of the laws, regulations and administrative               120 of the EC Treaty have been replaced by Articles 136 EC
provisions of the Member States regarding the protection of                 to 143 EC) — the Court (Sixth Chamber), composed of:
animals used for experimental and other scientific purposes                 F. Macken, President of the Chamber, N. Colneric, C. Gulmann,
(OJ 1986 L 358, p. 1) and by failing to provide for an adequate             J.-P. Puissochet and V. Skouris (Rapporteur), Judges; A. Tiz-
system of penalties for non-compliance with the requirements                zano, Advocate General; R. Grass, Registrar, has given a
of Directive 86/609/EEC, Ireland has failed to comply with the              judgment on 9 October 2001, in which it has ruled:
Directive, in particular Article 25 thereof, and has failed to
fulfil its obligations under the EC Treaty, in particular Article 5         Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
thereof (now Article 10 EC) — the Court (Fifth Chamber),                    have been replaced by Articles 136 EC to 143 EC) must be
composed of: P. Jann, President of the Chamber, S. von Bahr,                interpreted to the effect that bodies such as German pension
D.A.O. Edward, A. La Pergola (Rapporteur) and C.W.A. Tim-                   funds (‘Pensionskassen’) entrusted with providing benefits under an
mermans, Judges; L.A. Geelhoed, Advocate General; R. Grass,                 occupational pension scheme are required to ensure equal treatment
for the Registrar, has given a judgment on 18 October 2001,                 between men and women, even if the employees discriminated against
the operative part of which is as follows:                                  on the basis of sex have, as against those directly liable, namely their
                                                                            employers in their capacity as parties to their employment contracts,
1.     By failing to adopt all the measures necessary to ensure the         a protected right in the event of insolvency that excludes all
       correct implementation of Articles 2(d), 11 and 12 of                discrimination.
       Council Directive 86/609/EEC of 24 November 1986 on the
       approximation of the laws, regulations and administrative
       provisions of the Member States regarding the protection of          (1) OJ C 366 of 18.12.1999.
       animals used for experimental and other scientific purposes,
       and by failing to provide for an adequate system of penalties for
       non-compliance with the requirements of Directive
       86/609/EEC, Ireland has failed to fulfil its obligations under
       the Directive, in particular Article 25 thereof, and under the
       EC Treaty, in particular Article 5 thereof (now Article 10 EC);
2.     Ireland is ordered to pay the costs.                                                   JUDGMENT OF THE COURT
(1) OJ C 352 of 4.12.1999.                                                                            (Sixth Chamber)
                                                                                                    of 16 October 2001
                                                                            in Joined Cases C-396/99 and C-397/99: Commission of
                   JUDGMENT OF THE COURT                                         the European Communities v Hellenic Republic (1)
                           (Sixth Chamber)
                                                                            (Failure by a Member State to fulfil its obligations —
                          of 9 October 2001                                 Directives 90/388/EEC and 96/2/EC — Market for telecom-
                                                                            munications services — Mobile and personal communi-
in Case C-379/99 (reference for a preliminary ruling                                                       cations)
from the Bundesarbeitsgericht): Pensionskasse für die
Angestellten der Barmer Ersatzkasse VVaG v Hans Menau-                                                 (2001/C 348/06)
                                  er (1)
(Equal pay for men and women — Occupational pensions                                             (Language of the case: Greek)
— Pension funds entrusted with carrying out the employer’s
obligation as regards payment of a supplementary pension —                  (Provisional translation; the definitive translation will be published
                          Survivor’s pension)                                                   in the European Court Reports)
                            (2001/C 348/05)
                     (Language of the case: German)                         In Joined Cases C-396/99 and C-397/99: Commission of the
                                                                            European Communities (Agents: B. Doherty and D. Triantafyl-
(Provisional translation; the definitive translation will be published      lou) v Hellenic Republic (Agents: N. Dafniou and S. Chala) —
                     in the European Court Reports)                         application for a declaration that, by failing to take, within the
                                                                            prescribed period, all the measures necessary to comply with
                                                                            Article 2(1) (Case C-396/99) and Article 2(2) (Case C-397/99)
In Case C-379/99: reference to the Court under Article 234                  of Commission Directive 96/2/EC of 16 January 1996
EC from the Bundesarbeitsgericht (Federal Labour Court)                     amending Directive 90/388/EEC with regard to mobile and