CELEX: C1997/181/18
Language: en
Date: 1997-06-14 00:00:00
Title: Reference for a preliminary ruling by the House of Lords, by order of that court of 13 March 1997, in the case of Regina against Secretary of State for Employment, ex parte: Nicole Seymour-Smith and Laura Perez (Case C-167/97)

No C 181 /10         I EN 1               Official Journal of the European Communities                                          14 . 6 . 97
Reference for a preliminary ruling by the House of Lords,            4 . When must this legal test be applied to a measure
by order of that court of 13 March 1997, in the case of                     adopted by a Member State ? In particular at which of
Regina against Secretary of State for Employment, ex                        the following points in time, or at what other point in
         parte: Nicole Seymour-Smith and Laura Perez                        time, must it be applied to the measure :
                        ( Case C-167/97)                                    ( a ) when the measure is adopted;
                          ( 97/C 181/18 )                                   ( b ) when the measure is brought into force;
                                                                            (c ) when the employee is dismissed ?
Reference has been made to the Court of Justice of the               5 . What are the legal conditions for establishing the
European Communities by an order of the House of Lords                      objective justification, for the purposes of indirect
of 13 March 1997, which was received at the Court                           discrimination under Article              119, of a measure
Registry on 2 May 1997, for a preliminary ruling in the                     adopted by a Member State in pursuance of its social
case of Regina against Secretary of State for Employment,                   policy ? In particular, what material need the Member
ex parte : Nicole Seymour-Smith and Laura Perez, on the                     State adduce in support of its grounds for
following questions :                                                       justification ?
1 . Does an award of compensation for breach of the                  (') Council Directive 76/207/EEC of 9 February 1976 on the
     right not to be unfairly dismissed under national                     implementation of the principle of equal treatment for men
     legislation such as the Employment Protection                         and women as regards access to employment, vocational
     ( Consolidation ) Act 1978 constitute 'pay' within the                training and promotion, and working conditions ( OJ No L 39,
     meaning of Article 119 of the EC Treaty ?                             14 . 2 . 1976 , p. 40 ).
2 . If the answer to Question 1 is 'yes\ do the conditions
     determining whether a worker has the right not to be
     unfairly dismissed fall within the scope of Article 119                       Removal from the register of C-3 17/96 (')
     or that of Directive 76/207/EEC (')?                                                           ( 97/C 181 / 19 )
3 . What is the legal test for establishing whether a                By order of 29 January 1997 the President of the Court of
     measure adopted by a Member State has such a degree             Justice of the European Communities has ordered the
     of disparate effect as between men an women as to               removal from the register of Case C-3 17/96 : Commission
     amount to indirect discrimination for the purposes of           of the European Communities v. Italian Republic .
     Article 119 of the EC Treaty unless shown to be based
     upon objectively justified factors other than sex ?             ( 1 ) OJ No C 336 , 9 . 11 . 1996 .
                                                    COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            represented by Michel Aurillac, of the Paris Bar, with an
                                                                     address for service in Luxembourg at the Chambers of
                         of 9 April 1997                             Charles Duro, 4 Boulevard Royal, against the Commission
in Case T-47/95 : Terres Rouges Consultant SA and Others             of the European Communities ( Agents : Theofanis
       v. Commission of the European Communities ( 1 )               Christoforou, Yves Renouf and Gerard Berscheid ),
                                                                     supported by the Council of the European Union (Agents:
(Common organization of the markets — Bananas —                      Arthur Brautigam and Jiirgen Huber ), the Kingdom of
Import arrangements — Framework Agreement on                         Spain ( Agent: Rosario Silva de Lapuerta ) and the French
Bananas concluded as part of the Uruguay Round of                    Republic ( Agents : Catherine de Salins and Frederic Pascal )
multilateral trade negotiations — Regulation (EC)                    — application for annulment of Commission Regulation
No 3224/94 — Community transitional measures for the                 ( EC ) No 3224/94 of 21 December 1994 laying down
implementation of the Framework Agreement — Action                   transitional measures for the implementation of the
                for annulment — Inadmissibility)                     Framework Agreement on Bananas concluded as part of
                                                                     the Uruguay Round of multilateral trade negotiations ( OJ
                          ( 97/C 181/20 )                            No L 337, 1994, p. 72 ) — the Court of First Instance
                                                                     ( Fourth Chamber, Extended Composition ), composed of:
                                                                     K. Lenaerts, President, P. Lindh, J. Azizi, J. D. Cooke and
                 (Language of the case: French)                      M. Jaeger, Judges; A. Mair, Administrator, for the
                                                                     Registrar, has given a judgment on 9 April 1997, in which
                                                                     it :
In Case T-47/95 : Terres Rouges Consultant SA, established
in Paris, Cobana Import Sari, established in Rungis
( France ), SIPEF NV, established in Antwerp ( Belgium ),            1 . dismisses the action as inadmissible;