CELEX: C1997/199/21
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 25 April 1997 by the Commission of the European Communities against the Italian Republic (Case C-160/97)

28 . 6 . 97           EN                  Official Journal of the European Communities                                  No C 199/ 11
1 . in cases of under-representation under paragraph 3 ( 1 )             Republic has failed to fulfil its obligations under
     and (2 ) of the Hessen Equal Rights Law ( HGlG )                    Article 8 of Directive 83/189/EEC H laying down a
     selection decisions under paragraph 10 of the HGlG,                 procedure for the provision of information in the field
     where a woman and a man applicant have equal                        of technical standards and regulations,
     qualifications, must because of the binding nature of
     the targets in the women's advancement plan under
     paragraph 5 ( 3 ) and ( 4 ) of the HGlG be in favour of         — order the Italian Republic to pay the costs of the
     the woman applicant in the individual case, at least if             proceedings .
     that is necessary for fulfilling the targets and no
     reasons of greater legal weight are opposed;
                                                                     Pleas in law and main arguments adduced in support:
2 . the binding targets of the women's advancement plan
     for posts in the academic service to be filled for fixed        In view of the fact that the description ' Italian-type rural
     terms    and   for  academic assistants     must,   under       cock' has not been authorized by the Commission on the
     paragraph 5 ( 7 ) of the HGlG, provide for at least the         basis of any other Community rule ( for instance, as a
     same proportion of women as the proportion of                   designation of origin or geographical indication ) and that
     women among graduates ( subparagraph 7, sentence 1 ),           consequently it is indubitably subject to the arrangements
     holders of higher degrees ( subparagraph 7, sentence 2 )        laid down for technical standards by Directive 83/189/
     or students ( subparagraph 7, sentence 3 ) in the faculty       EEC, the Commission submits that, by adopting the
     in question;                                                    Decree of 17 December 1990 without having notified it at
                                                                     the draft stage, the Italian Republic has failed to fulfil its
3 . in training-based professions in which women are                 obligations under Article 8 ( 1 ) of Directive 83/189/EEC.
     under-represented, under paragraph 7 ( 1 ) of the HGlG
     women are to be taken into account to the extent of at
                                                                     In the    Commission's view, the           Italian  Government
     least one half in allocating training places, except in         adopted the decree in question with the main purpose of
     the case of training courses in which the State                 introducing a technical regulation within the meaning of
     exclusively provides training;                                  Article 1 ( 5 ) of Directive 83/189/EEC.
4. in sectors in which women are under-represented,
     under paragraph 9 ( 1 ) of the HGlG at least as many            In the light of the provisions at issue as a whole, it is
     women as men, or all the women applicants, are to be            evident that they are designed to lay down the
     called to interview if they satisfy the conditions laid         characteristics which products must display for the
     down by law or otherwise for appointment to the post            purpose of being marketed under the mark in question, or
     or the office to be conferred;                                  to describe the processes relating to their production. Any
                                                                     other provision contained therein is of a merely ancillary
                                                                     nature and function in relation to the prescription of a
5 . in making appointments to commissions, advisory                  technical standard .
     boards, boards of directors and supervisory boards
     and other collegiate bodies, under paragraph 14 of the
     HGlG at least half the members should be women ?                The Commission further submits that the breach of the
                                                                     notification procedure laid down by the Directive means
                                                                     that the technical regulation at issue cannot be relied on
                                                                     as against third parties.
                                                                     (') OJ No L 109, 26 . 4 . 1983 , p . 8 .
Action brought on 25 April 1997 by the Commission of
   the European Communities against the Italian Republic
                        (Case C-160/97)
                         ( 97/C 199/21 )
An action against the Italian Republic was brought before            Reference for a preliminary ruling by the Divisional
the Court of Justice of the European Communities on                  Court, High Court of Justice, Queen's Bench Division, by
                                                                     order of that court of 13 March 1997, in the case of The
25 April 1997 by the Commission of the European
Communities, represented by Paolo Stancanelli, of its                Queen against Secretary of State for Defence, ex parte:
                                                                                               Terence Perkins
Legal Service, acting as Agent, with an address for service
in Luxembourg at the office of Carlos Gomez de la Cruz,                                       ( Case C-168/97)
Wagner Centre, Kirchberg.
                                                                                                ( 97/C 199/22 )
The applicant claims that the Court should :
                                                                      Reference has been made to the Court of Justice of the
— declare that, by adopting the Decree of the Ministry of             European Communities by an order of the Divisional
      Agriculture and Forests of 17 December 1990 without             Court, High Court of Justice, Queen's Bench Division, of
      having notified it at the draft stage, the Italian              13 March 1997, which was received at the Court Registry