CELEX: C2000/063/17
Language: en
Date: 2000-03-04 00:00:00
Title: Order of the Court (Fourth Chamber) of 12 November 1999 in Case C-453/98 P: Eugénio Branco Ld.a v Commission of the European Communities (Appeal — European Social Fund — Reduction in financial assistance — Certification by the Member State — Misappraisal of the facts — Legitimate expectations — Legal certainty — Proportionality)

4.3.2000                EN                      Official Journal of the European Communities                                             C 63/9
                 JUDGMENT OF THE COURT                                                          ORDER OF THE COURT
                        of 11 January 2000                                                          (Fourth Chamber)
in Case C-285/98 (reference for a preliminary ruling                                              of 12 November 1999
from the Verwaltungsgericht Hannover): Tanja Kreil v
                Bundesrepublik Deutschland (1)
                                                                           in Case C-453/98 P: Eugénio Branco Ld.a v Commission of
                                                                                            the European Communities (1)
(Equal treatment for men and women — Limitation of access
        by women to military posts in the Bundeswehr)
                                                                           (Appeal — European Social Fund — Reduction in financial
                                                                           assistance — Certification by the Member State — Misap-
                          (2000/C 63/16)                                   praisal of the facts — Legitimate expectations — Legal
                                                                                              certainty — Proportionality)
                   (Language of the case: German)                                                     (2000/C 63/17)
(Provisional translation; the definitive translation will be published                       (Language of the case: Portuguese)
                   in the European Court Reports)
In Case C-285/98: reference to the Court under Article 177 of              (Provisional translation; the definitive translation will be published
the EC Treaty (now Article 234 EC) from the Verwaltungs-                                       in the European Court Reports)
gericht Hannover, Germany, for a preliminary ruling in the
proceedings pending before that court between Tania Kreil
and Bundesrepublik Deutschland — on the interpretation of                  In Case C-453/98 P: Eugénio Branco Ld.a, established in Lisbon
Council Directive 76/207/EEC of 9 February 1976 on the                     (Portugal), represented by B. Belchior, of the Bar of Vila Nova
implementation of the principle of equal treatment for men                 de Gaia, with an address for service in Luxembourg at the
and women as regards access to employment, vocational                      Chambers of J. Schroeder, 6 Rue Heine — appeal against the
training and promotion, and working conditions (OJ 1976                    judgment of the Court of First Instance of the European
L 39, p. 40), in particular Article 2 thereof — the Court,                 Communities (Third Chamber) of 15 September 1998 in Case
composed of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho            T-142/97 Branco v Commission [1998] ECR II-3567, seeking
de Almeida and L. Sevón, Presidents of Chambers, P.J.G. Kap-              to have that judgment set aside, the other party to the
teyn, C. Gulmann, J.-P. Puissochet (Rapporteur), G. Hirsch,                proceedings being the Commission of the European Com-
H. Ragnemalm and M. Wathelet, Judges; A. La Pergola,                       munities (Agents: T. Figueira and K. Simonsson) — the Court
Advocate General; L. Hewlett, Administrator, for the Registrar,            (Fourth Chamber), composed of: D.A.O. Edward, President of
has given a judgment on 11 January 2000, in which it has                   the Chamber, P.J.G. Kapteyn and H. Ragnemalm (Rapporteur),
ruled:                                                                     Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
                                                                           made an order on 12 November 1999, the operative part of
                                                                           which is as follows:
Council Directive 76/207/EEC of 9 February 1976 on the
implementation of the principle of equal treatment for men and
women as regards access to employment, vocational training and             1. The appeal is dismissed.
promotion, and working conditions precludes the application of
national provisions, such as those of German law, which impose a
general exclusion of women from military posts involving the use of        2. Eugénio Branco Ld.a is ordered to pay the costs.
arms and which allow them access only to the medical and
military-music services.
                                                                           (1) OJ C 71 of 13.3.1999.
(1) OJ C 278 of 5.9.1998.