CELEX: C2000/211/20
Language: en
Date: 2000-07-22 00:00:00
Title: Case C-206/00: Reference for a preliminary ruling from the Tribunal Administratif, Chalons-en-Champagne (Second Chamber), France, by judgment of that court of 25 April 2000 in the case of Henri Mouflin v Recteur de l'Académie de Reims; Syndicat Général de l'Éducation Nationale et de la Recherche Publique CFDT de la Marne, intervenor

C 211/12                EN                      Official Journal of the European Communities                                       22.7.2000
The applicant claims that the Court should:                                     so, are the provisions of Article L. 24-1(3) of the Code des
                                                                                Pensions Civiles et Militaires de Retraite in breach of the
— Declare that, by maintaining in force Article 8 of Law                        principle of equal pay?
     223/90 in respect of contracts entered into prior to
     28 February 1998, the Italian Republic has failed to                  (2) If Article 119 of the Treaty of Rome is not applicable, do
     transpose Article 11(3) of Council Directive 89/552/EEC (1)                the provisions of Directive 79/7/EEC of 19 December
     on the coordination of certain provisions laid down by                     1978 (1) preclude France’s maintaining provisions such as
     law, regulation or administrative action in Member States                  those of Article L. 24-1(3) of the Code des Pensions Civiles
     concerning the pursuit of television broadcasting activities,              et Militaires de Retraite?
     the Italian Republic has failed to fulfil its obligations under
     that directive;
                                                                           (1) Council Directive 79/7/EEC of 19 December 1978 on the pro-
— Order the Italian Republic to pay the costs.                                 gressive implementation of the principle of equal treatment for
                                                                               men and women in matters of social security (OJ 1979 L 6, p. 24).
The pleas in law and main arguments
Although, in principle, Article 3(2) and (3) of Law No 122/98
transposes Article 11(2) and (3) of Directive 89/552/EEC, the
derogation provided for in the last sentence of Article 3(3) of
Law No 122/98, which provides that the new provisions on
interruptions by advertisements do not apply to programmes
for which the rights were acquired prior to 28 February 1998,              Action brought on 25 May 2000 by the Commission of
leaves in force, only in respect of such contracts, Article 8 of             the European Communities against the Italian Republic
Law No 223/90. From that point of view, therefore,
Article 11(2) of the directive has not been transposed into
                                                                                                    (Case C-207/00)
Italian law and Article 11(3) has not been correctly transposed,
albeit strictly in relation to those contracts entered into prior
to 28 February 1998.                                                                                (2000/C 211/21)
(1) OJ 1989 L 298, p. 23.                                                  An action against the Italian Republic was brought before the
                                                                           Court of Justice of the European Communities on 25 May
                                                                           2000 by the Commission of the European Communities,
                                                                           represented by Karen Banks, Legal Adviser, and Laura Pignata-
                                                                           ro, of the Legal Service, acting as Agents, with an address for
                                                                           service in Luxembourg at the office of Carlos Gómez de la
                                                                           Cruz, of the Commission’s Legal Service, Wagner Centre,
                                                                           Kirchberg.
Reference for a preliminary ruling from the Tribunal
Administratif, Chalons-en-Champagne (Second Chamber),                      The applicant claims that the Court should:
France, by judgment of that court of 25 April 2000 in the
case of Henri Mouflin v Recteur de l’Académie de Reims;
                                                                           — Declare that, by failing to adopt the laws, regulations
Syndicat Général de l’Éducation Nationale et de la Recher-
                                                                                and administrative provisions necessary to comply with
         che Publique CFDT de la Marne, intervenor
                                                                                Directive 97/36/EC (1) of the European Parliament and of
                                                                                the Council of 30 June 1997 amending Council Directive
                          (Case C-206/00)                                       89/552/EEC (2) on the coordination of certain provisions
                                                                                laid down by law, regulation or administrative action
                          (2000/C 211/20)                                       in Member States concerning the pursuit of television
                                                                                broadcasting activities, specifically Article 1(1) amending
                                                                                Article 1(c) of Directive 89/552/EEC; Article 1(2) which
Reference has been made to the Court of Justice of the                          replaces Article 2 of Directive 89/552/EEC but not
European Communities by a judgment of the Tribunal Admini-                      Article 2(3), (4)(5) and (6); Article 1(3) which inserts
stratif (Administrative Court), Chalons-en-Champagne (Second                    Article 2a into Directive 89/552/EEC; Article 1(4) which
Chamber), of 25 April 2000, which was received at the Court                     introduces Article 3a(3) into Directive 89/552/EEC;
Registry on 25 May 2000, for a preliminary ruling in the case                   Article 1(12), which replaces Article 10 of Directive
of Henri Mouflin v Recteur de l’Académie de Reims; Syndicat                     89/552/EEC, but not Article 10(2); Article 1(14) amending
Géneral de l’Éducation Nationale et de la Recherche Publique                   the first sentence of Article 12 of Directive 89/552/EEC;
CFDT de la Marne, intervenor, on the following questions:                       Article 1(15) which replaces Article 13 of Directive
                                                                                89/552/EEC; and finally Article 1(18) which adds a para-
(1) Do the pensions provided under the French retirement                        graph 2 to Article 16 to Directive 89/552/EEC, the Italian
     pension scheme for public servants rank as ‘pay’ under                     Republic has failed to fulfil its obligations under that
     Article 119 of the Treaty of Rome, now Article 141 EC? If                  directive;