CELEX: C1998/041/09
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 11 December 1997 in Case C-55/96 (reference for a preliminary ruling from the Corte d'Appello, Milan): Non-contentious proceedings brought before that court by Job Centre Coop. arl (Freedom to provide services - Placement of employees - Exclusion of private undertakings - Exercise of official authority)

C 41/6                EN                   Official Journal of the European Communities                                    7.2.98
     such against such a person, there is no need to                  Ð the public placement offices are manifestly unable to
     examine whether Article 6 of the First Directive 68/                 satisfy demand on the market for all types of activity,
     151/EEC has direct effect.                                           and
(1) OJ C 145, 18.5.1996.
                                                                      Ð the actual placement of employees by private
                                                                          companies is rendered impossible by the maintenance
                                                                          in force of statutory provisions under which such
                                                                          activities are prohibited and non-observance of that
                                                                          prohibition gives rise to penal and administrative
                                                                          sanctions, and
               JUDGMENT OF THE COURT
                        (Sixth Chamber)
                                                                      Ð the placement activities in question could extend to
                    of 11 December 1997                                   the nationals or to the territory of other Member
                                                                          States.
in Case C-55/96 (reference for a preliminary ruling from
the Corte d'Appello, Milan): Non-contentious proceedings
    brought before that court by Job Centre Coop. arl (1)             (1) OJ C 133, 4.5.1996.
(Freedom to provide services Ð Placement of employees
Ð Exclusion of private undertakings Ð Exercise of
                       official authority)
                          (98/C 41/09)
                                                                                     JUDGMENT OF THE COURT
                (Language of the case: Italian)
                                                                                             (Sixth Chamber)
                                                                                          of 11 December 1997
  (Provisional translation; the definitive translation will be        in Case C-246/96 (reference for a preliminary ruling to
          published in the European Court Reports)                    the Court by the Office of the Industrial Tribunals and the
                                                                      Fair Employment Tribunal): Mary Teresa Magorrian and
                                                                      Irene Patricia Cunningham against Eastern Health and
                                                                      Social Services Board, Department of Health and Social
In Case C-55/96: reference to the Court under Article 177                                       Services (1)
of the EC Treaty by the Corte d'Appello, Milan, Italy, for
a preliminary ruling in the non-contentious proceedings               (Equal pay for male and female workers Ð Article 119 of
(giurisdizione volontaria) brought before that court by Job           the EC Treaty Ð Protocol 2 annexed to the Treaty on
Centre Coop. arl Ð on the interpretation of Articles 48,              European Union Ð Occupational social security schemes
49, 55, 56, 59, 60, 62, 66, 86 and 90 of the EC Treaty Ð              Ð Exclusion of part-time workers from status conferring
the Court (Sixth Chamber) composed of: R. Schintgen,                  entitlement to certain additional pension benefits Ð Date
President of the Second Chamber, acting as President of               from which such benefits must be calculated Ð National
the Sixth Chamber, G. F. Mancini and P. J. G. Kapteyn                                     procedural time-limits)
(Rapporteur), Judges; B. Elmer, Advocate-General; L.
Hewlett, Administrator, gave a judgment on 11 December                                         (98/C 41/10)
1997, the operative part of which is as follows:
                                                                                      (Language of the case: English)
Public placement offices are subject to the prohibition
contained in Article 86 of the EC Treaty, so long as
application of that provision does not obstruct the
performance of the particular task assigned to them. A                In Case C-246/96: reference to the Court under Article 177
Member State which prohibits any activity as an                       of the EC Treaty by the Office of the Industrial Tribunals
intermediary between supply and demand on the                         and the Fair Employment Tribunal, Belfast, for a
employment market, whether as an employment agency or                 preliminary ruling in the proceedings pending before that
as an employment business, unless carried on by those                 court between Mary Teresa Magorrian, Irene Patricia
offices, is in breach of Article 90 (1) of the Treaty where it        Cunningham and Eastern Health and Social Services
creates a situation in which those offices cannot avoid               Board, Department of Health and Social Services, on the
infringing Article 86 of the Treaty. That is the case, in             interpretation of Article 119 of the EC Treaty and of
particular, in the following circumstances:                           Protocol 2 concerning Article 119 of that Treaty, annexed