CELEX: C1996/133/20
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 March 1996 in Case C-278/93: (reference for a preliminary ruling from the Arbeitsgericht Bremen): Edith Freers and Hannelore Speckmann v. Deutsche Bundespost (Indirect discrimination against women workers - Compensation for attendance at training courses providing members of staff committees with the knowledge necessary for performing their functions)

No C 133/ 10           EN                   Official Journal of the European Communities                                     4 . 5 . 96
               JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                         ( Fifth Chamber )                                                     ( Sixth Chamber)
                      of 29 February 1996                                                     of 7 March 1996
      in Case C-307/94: Commission of the European                     in Case C-278/93 : (reference for a preliminary ruling from
              Communities v. Italian Republic (')                      the Arbeitsgericht Bremen ): Edith Freers and Hannelore
(Failure of a Member State to fulfil its obligations —                            Speckmann v. Deutsche Bundespost ( 1 )
                     Directive 85/432/EEC)                             (Indirect discrimination against women workers —
                           ( 96/C 133/ 19 )                            Compensation for attendance at training courses providing
                                                                       members ofstaffcommittees with the knowledge necessary
                                                                                       for performing their functions)
                 (Language of tbe case: Italian)                                                  96/C 133/20 )
                                                                                      (Language of the case: German)
(Provisional translation; the definitive translation will be           (Provisional translation; the definitive translation will be
          published in the European Court Reports)                              published in the European Court Reports)
                                                                       In Case C-278/93 : reference to the Court under Article 177
In Case C-307/94 : Commission of the European                          of the EC Treaty by the Arbeitsgericht Bremen ( Germany )
Communities ( Agents : Enrico Traversa and Enrico Vesco )              for a preliminary ruling in the proceedings pending before
v. Italian Republic ( Agents : Professor Umberto Leanza,               that court between Edith Freers, Hannelore Speckmann and
assisted by Pier Giorgio Ferri ) — application for a                   Deutsche Bundespost, Article 119 of the EEC Treaty and of
declaration that, by postponing from 1 October 1987 to                 Council Directive 75/117/EEC of 10 February 1975 on the
1 November 1990 the time-limit laid down in Article 5 of               approximation of the laws of the Member States relating to
Council Directive 85/432/EEC of 16 September 1985                      the application of the principle of equal pay for men and
concerning the coordination of provisions laid down by law,            women ( OJ No L 45 , 1975 , p . 19 ) — the Court ( Sixth
regulation or administrative action in respect of certain              Chamber ) composed of C. N. Kakouris, President of the
activities in the field of pharmacy ( OJ No L 253 , 1985 ,             Chamber, G. F. Mancini , F. A. Schockweiler, P. J. G.
p . 34 ) and by retaining until the latter date curricula for          Kapteyn, and J. L. Murray ( Rapporteur), Judges;
training in pharmacy which are incompatible with that                  Advocate-General : M. Darmon, Registrar : H. von Holstein,
Directive, the Italian Republic has failed to fulfil its .             Deputy Registrar, has given a judgment on 7 March 1996,
obligations under Directive 85/432 and particularly under              the operative part of which is as follows :
Articles 1 , 2 and 5 thereof — the Court ( Fifth Chamber ),
composed of D. A. O. Edward, President of the Chamber,                 1 . The compensation paid to a male or female worker for
J. C. Moitinho de Almeida , C. Gulmann, L. Sevôn                           taking part in statutorily established staffrepresentation
( Rapporteur ) and M. Wathelet, Judges; D. Ruiz-Jarabo                     constitutes pay within the meaning of Article 119 of the
Colomer, Advocate-General; D. Louterman-Hubeau,                            EC Treaty and of Council Directive 75/117/EEC of
Principal Administrator, for the Registrar, gave a judgment                1 0 February 1 975 on thze approximation of the laws of
on 29 February 1996 , in which it:                                         the Member States relating to the application of the
                                                                           principle of equal pay for men and women.
1 , declares that, by postponing from 1 October 1987 to                2 . Where the category of part-time workers includes a
     1 November 1 990 the time-limit laid down in Article 5                much higher number of women than men, the
     of Council Directive 85/432/EEC of 16 September 1985                  prohibition of indirect discrimination in the matter of
     concerning the coordination ofprovisions laid down by                 pay, as set out in Article 119 of the Treaty and in
     law, regulation or administrative action in respect of                Directive 75/117/EEC, precludes national legislation
     certain activities in the field of pharmacy, and by                   which, not being suitable and necessary for achieving a
     retaining until the latter date . curricula for training in           legitimate social policy aim, has the effect of limiting to
     pharmacy which are incompatible with that Directive,                  their individual working hours the compensation which
     the Italian Republic has failed to fulfil its obligations             staff committee members employed on a part-time basis
     under Directive 85/432 and particularly under                         are to receive from their employer for attending training
     Articles 1 , 2 and 5 thereof;                                         courses which impart the knowledge necessary for
                                                                           serving on staff committees and are held during the
                                                                           full-time working hours applicable in the undertaking
                                                                           but which exceed their individual part-time working
2 , orders the Italian Republic to pay the costs.                          hours, when staff committee members employed on a
                                                                           full-time basis receive compensation for attendance at
                                                                           the same courses on the basis of their full-time working
(') OJ No C 380 , 31 . 12 . 1994 .                                         hours .
                                                                       C ) OJ No C 178 , 30 . 6 . 1993 .
 ---documentbreak--- 4 . 5 . 96             EN                  Official Journal of the European Communities                                No C 133/ 11
               JUDGMENT OF THE COURT                                  Reference for a preliminary ruling by the Commissione
                        ( Sixth Chamber )                             Tributaria di Primo Grado di Reggio Emilia by order of that
                                                                      court of 15 June 1995 in the case of Max Mara Fashion
                        of 7 March 1996                               Group SRL against Ufficio del Registro di Reggio Emilia
in Case C-360/93 : European Parliament v. Council of the                                        Case C-307/95 )
                       European Union (')                                                        ( 96/C 133/22 )
(Common commercial policy — Services — Government
                           procurement)                               Reference has been made to the Court of Justice of the
                           ( 96/C 133/21 )                            European Communities by order of the Commissione
                                                                      Tributaria di Primo Grado (Tax Court of First Instance ),
                                                                      Reggio Emilia of 15 June 1995 , which was received at the
                  (Language of the case: French)                      Court Registry on 27 September 1995 , for a preliminary
                                                                      ruling in the case of Max Mara Fashion Group SRL against
(Provisional translation; the definitive translation will be          Ufficio del Registro di Reggio Emilia . The Commissione
           published in the European Court Reports)                   Tributaria made a reference for a preliminary ruling under
                                                                      Article 177 of the EC Treaty on the interpretation of
                                                                      Council Directive 69/335/EEC of 17 July 1969 concerning
In Case C-360/93 : European Parliament ( Agents : Johann              indirect taxes on the raising of capital ( OJ, English Special
Schoo and José Luis Rufas Quintana ) v . Council of the               Edition 1969 ( II ), p . 412 ), as amended by Council Directive
European Union ( Agents : Ramon Torrent and Amadeu                    85/303/EEC of 10 June 1985 ( OJ No L 156 , 1985 , p . 23 ).
Lopes Sabino ), supported by Commission of the European               The Court made an order on 21 December 1995 , the
Communities ( Agents : Jorn Sack and Patrick Hetsch ) and by          operative part of which is as follows :
United Kingdom of Great Britain and Northern Ireland,
( Agent: John E. Collins ) — Application for the annulment of         The request for a preliminary ruling submitted by
Council Decision 93/323/EEC of 10 May 1993 concerning                 Commissione Tributaria di Primo Grado , Reggio Emilia, by
the conclusion of an Agreement in the form of a                       an order of 15 June 1995 is inadmissible.
Memorandum of Understanding between the European
Economic Community and the United States of America on
government procurement ( OJ No L 125 , 1993 , p . 1 ) and
Council Decision 93/324/EEC of 10 May 1993 concerning
the extension of the benefit of the provisions of                     Action brought on 24 January 1996 by the Commission of
Directive 90/53 1 /EEC in respect of the United States of             the European Communities against the Kingdom of
America ( OJ No L 125 , 1993 , p . 54 ), — the Court ( Sixth                                           Spain
 Chamber ), composed of C. N. Kakouris, President of the                                        ( Case C-21 /96 )
 Chamber, G. F. Mancini , F. A. Schockweiler, P. J. G.                                            ( 96/C 133/23 )
Kapteyn ( Rapporteur ) and J. L. Murray, Judges;
Advocate-General : G. Tesauro, Registrar: R. Grass, has               An action against the Kingdom of Spain was brought before
given a judgment on 7 March 1996 , in which the operative             the Court of Justice of the European Communities on
 part is as follows :                                                 24 January 1996 by the Commission of the European
                                                                      Communities, represented by Thomas F. Cusack, Legal
 1 , annuls Council Decision 93/323/EEC of 10 May 1993                Adviser, and Isabel Martinez del Peral, of its Legal Service,
      concerning the conclusion of an Agreement in the form           with an address for service in Luxembourg at the office of
      of a Memorandum of Understanding between the                    Carlos Gomez de la Cruz, Wagner Centre , Kirchberg.
      European Economic Community and the United States
                                                                      The Commission claims that the Court should :
       of America on government procurement and Council
      Decision 93/324/EEC of 10 May 1993 concerning the                1 , declare that, by failing to adopt the laws, regulations or
       extension of the benefit of the provisions of                       administrative provisions necessary to comply with
       Directive 90/531 /EEC in respect of the United States of            Articles 3 , 4 and 5 of Council Directive 84/446/Euratom
      America ;
                                                                           of 3 September 1 984 laying down basic measures for the
                                                                           radiation protection of persons undergoing medical
 2 , maintains in force the effects of the annulled                        examination or treatment (') or by failing to inform the
       decisions;                                                          Commission of the measures it has adopted for the
                                                                           transposition of the Directive, the Kingdom of Spain
                                                                           has failed to fulfil its obligations under the Treaty
 3 , orders the Council to pay the costs;                                  establishing the European Atomic Energy Community;
                                                                           and
 4 , orders the Commission and the United Kingdom to bear              2 , order the Kingdom of Spain to pay the costs .
       their own costs.
                                                                       Pleas in law and main arguments
 (') OJ No C 232 , 28 . 8 . 1993 .
                                                                       Under the third paragraph of Article 161 of the Euratom
                                                                       Treaty, the Directive is binding, as to the result to be
                                                                       achieved, upon each Member State to which it is addressed,