CELEX: C1998/007/12
Language: en
Date: 1998-01-10 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 20 November 1997 in Case C-90/96 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto): David Petrie and Others v. Università degli Studi di Verona, Camilla Bettoni (Freedom of movement for workers - Foreign-language assistants - Eligibility for appointment to teach supplementary courses and to fill temporary teaching vacancies in universities)

C 7/6                 EN                  Official Journal of the European Communities                                     10. 1. 98
Subheading 60.04 B IV b 2 bb of the Common Customs                                 JUDGMENT OF THE COURT
Tariff, in the version resulting from Council Regulation
(EEC) No 3400/84 of 27 November 1984 amending                                                (Fifth Chamber)
Regulation (EEC) No 950/68 on the Common Customs
                                                                                          of 20 November 1997
Tariff, must be construed as covering undergarments
which, by reason of their objective characteristics, are             in Case C-90/96 (reference for a preliminary ruling from
intended to be worn exclusively or essentially in bed.               the Tribunale Amministrativo Regionale per il Veneto):
                                                                     David Petrie and Others v. UniversitaÁ degli Studi di
(1) OJ C 333, 9. 12. 1995.                                                             Verona, Camilla Bettoni (1)
                                                                     (Freedom of movement for workers Ð Foreign-language
                                                                     assistants Ð Eligibility for appointment to teach
                                                                     supplementary courses and to fill temporary teaching
                                                                                        vacancies in universities)
                                                                                               (98/C 7/12)
              JUDGMENT OF THE COURT
                       (Fifth Chamber)
                    of 20 November 1997                                              (Language of the case: Italian)
in Case C-244/95 (reference for a preliminary ruling from
the Dioikitiko Protodikeio Athinon): P. Moskof A.E. v.
              Ethnikos Organismos Kapnou (1)
                                                                       (Provisional translation; the definitive translation will be
(Agriculture Ð Raw tobacco Ð Monetary measures Ð                              published in the European Court Reports)
                Agricultural conversion rates)
                          (98/C 7/11)
                                                                     In Case C-90/96: reference to the Court under Article 177
                                                                     of the EC Treaty from the Tribunale Amministrativo
                (Language of the case: Greek)                        Regionale per il Veneto (Italy) for a preliminary ruling in
                                                                     the proceedings pending before that court between David
                                                                     Petrie and Others and UniversitaÁ degli Studi di Verona,
                                                                     Camilla Bettoni Ð on the interpretation of Articles 5 and
  (Provisional translation; the definitive translation will be
                                                                     48 of the EC Treaty and Articles 1 and 3 of Regulation
         published in the European Court Reports)
                                                                     (EEC) No 1612/68 of the Council of 15 October 1968 on
                                                                     freedom of movement for workers within the Community
                                                                     (OJ, English Special Edition 1968 (II), p. 475) Ð the
In Case C-244/95: reference to the Court under Article 177           Court (Fifth Chamber), composed of: C. Gulmann,
of the EC Treaty by the Dioikitiko Protodikeio Athinon               President of the Chamber, J. C. Moitinho de Almeida
for a preliminary ruling in the proceedings pending before           (Rapporteur), D. A. O. Edward, J.-P. Puissochet and L.
that court between P. Moskof A.E. and Ethnikos                       Sevón, Judges; N. Fennelly, Advocate-General; L. Hewlett,
Organismos Kapnou Ð on the validity of Commission                    Administrator, for the Registrar, has given a judgment on
Regulation (EC) No 3477/93 of 17 December 1993                       20 November 1997, in which it has ruled:
concerning the agricultural conversion rates to be applied
in the tobacco sector (OJ L 317, 18. 12. 1993, p. 30) Ð
the Court, composed of C. Gulmann, President of the
Chamber, J.-P. Puissochet, P. Jann and L. Sevón                      Articles 5 and 48 (2) of the EC Treaty do not preclude a
(Rapporteur), Judges; M. B. Elmer, Advocate-General; L.              national rule which reserves eligibility for appointment to
Hewlett, Administrator, for the Registrar, has given a               fill temporary teaching vacancies in universities to tenured
judgment on 20 November 1997, in which it has ruled:                 teachers and established researchers and excludes foreign-
                                                                     language assistants, unless such appointment is open to
                                                                     other categories of staff appointed to university teaching
Examination of the various grounds referred to by the                otherwise than by way of open competition, whose
national court in its questions has not revealed any factor          teaching and academic skills are not subject to evaluation
capable of affecting the validity of Article 5 of                    in the same way as those of researchers, whilst foreign-
Commission Regulation (EC) No 3477/93 of 17 December                 language assistants who, under national law, have the
1993 concerning the agricultural conversion rates to be              same status and perform equivalent duties are excluded.
applied in the tobacco sector.
                                                                     (1) OJ C 158, 1. 6. 1996.
(1) OJ C 268, 14. 10. 1995.