CELEX: C2000/233/14
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court of 23 May 2000 in Case C-104/98 (reference for a preliminary ruling from the Oberster Gerichtshof): Johann Buchner and Others v Sozialversicherungsanstalt der Bauern (Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Early old-age pension on account of incapacity for work — Pensionable age different according to sex)

12.8.2000               EN                       Official Journal of the European Communities                                              C 233/7
voor het Bedrijfsleven (Netherlands) for a preliminary ruling in            Bellanger and C. Bergeot) — application for a declaration that,
the proceedings pending before that court between KVS                       by failing within the prescribed period to adopt, alternatively
International BV and Minister van Landbouw, Natuurbeheer                    to communicate to the Commission, the laws, regulations and
en Visserij — on the interpretation of Article 3 of Council                 administrative measures necessary in order to comply with
Directive 88/407/EEC of 14 June 1988 laying down the animal                 Council Directive 94/33/EC of 22 June 1994 on the protection
health requirements applicable to intra-Community trade in                  of young people at work (OJ 1994 L 216 p. 12), the French
and imports of deep-frozen semen of domestic animals of the                 Republic has failed to fulfil its obligations under the EC Treaty
bovine species (OJ 1988 L 194, p. 10) and paragraph 1(b) of                 and under that directive — the Court (Fourth Chamber),
Chapter I of Annex B to the same directive, both in its original            composed of: D.A.O. Edward, President of the Chamber,
version and as amended by Council Directive 93/60/EEC of                    P.J.G. Kapteyn (Rapporteur) and H. Ragnemalm, Judges; A. Sag-
30 June 1993 amending Directive 88/407/EEC and extending                    gio, Advocate General; R. Grass, Registrar, has given a judg-
it to cover fresh bovine semen (OJ 1993 L 186, p. 28), and the              ment on 18 May 2000, in which it:
validity of the latter directive — the Court (Fifth Chamber),
composed of: L. Sevón (Rapporteur), President of the First                 1.    Declares that, by failing to adopt, within the prescribed period,
Chamber, acting for the President of the Fifth Chamber,                           the laws, regulations and administrative measures necessary in
P.J.G. Kapteyn, P. Jann, H. Ragnemalm and M. Wathelet,                            order to comply with Council Directive 94/33/EC of 22 June
Judges; A. Saggio, Advocate General; L. Hewlett, Administrator,                   1994 on the protection of young people at work, the French
for the Registrar, has given a judgment on 18 May 2000, in                        Republic has failed to fulfil its obligations under the EC Treaty
which it has ruled:                                                               and under that directive;
Article 3(b) of Council Directive 88/407/EEC of 14 June 1988                2.    Orders the French Republic to pay the costs.
laying down the animal health requirements applicable to intra-
Community trade in and imports of deep-frozen semen of domestic
                                                                            (1) OJ C 100 of 10.4.1999.
animals of the bovine species, read in conjunction with paragraph 1(b)
of Chapter 1 of Annex B to that directive, in its original version and
as amended by Council Directive 93/60/EEC of 30 June 1993
amending Directive 88/407/EEC and extending it to cover fresh
bovine semen, must be interpreted as meaning that semen from a
bull which, before its admission to an approved semen collection
centre, belonged to a herd which was not officially brucellosis free is
precluded from intra-Community trade, if only on account of the                              JUDGMENT OF THE COURT
change in the health status of the herd in the period during which the
animal was kept in that herd.                                                                         of 23 May 2000
(1) OJ C 312 of 10.10.1998.                                                 in Case C-104/98 (reference for a preliminary ruling from
                                                                            the Oberster Gerichtshof): Johann Buchner and Others v
                                                                                       Sozialversicherungsanstalt der Bauern (1)
                                                                            (Directive 79/7/EEC — Equal treatment for men and women
                                                                            in matters of social security — Early old-age pension on
                 JUDGMENT OF THE COURT                                      account of incapacity for work — Pensionable age different
                                                                                                      according to sex)
                        (Fourth Chamber)
                                                                                                      (2000/C 233/14)
                          of 18 May 2000
in Case C-45/99: Commission of the European Communi-                                           (Language of the case: German)
                    ties v French Republic (1)
                                                                            (Provisional translation; the definitive translation will be published
(Failure to fulfil obligations — Failure to transpose Directive                                in the European Court Reports)
                             94/33/EC)
                                                                            In Case C-104/98: reference to the Court under Article 177 of
                          (2000/C 233/13)
                                                                            the EC Treaty (now Article 234 EC) from the Oberster
                                                                            Gerichtshof (Austria) for a preliminary ruling in the proce-
                    (Language of the case: French)                          edings pending before that court between Johann Buchner and
                                                                            Others and Sozialversicherungsanstalt der Bauern — on the
                                                                            interpretation of Article 7 of Council Directive 79/7/EEC of
(Provisional translation; the definitive translation will be published      19 December 1978 on the progressive implementation of the
                   in the European Court Reports)                           principle of equal treatment for men and women in matters of
                                                                            social security (OJ 1979 L 6, p. 24) — the Court, composed
In Case C-45/99: Commission of the European Communities                     of: G.C. Rodrı́guez Iglesias, President, D.A.O. Edward and
(Agent: D. Gouloussis) v French Republic (Agents: K. Rispal-                L. Sevón, (Presidents of Chambers), P.J.G. Kapteyn, C. Gul-
 ---pagebreak--- C 233/8                  EN                     Official Journal of the European Communities                                     12.8.2000
mann, J.-P. Puissochet, G. Hirsch, P. Jann and H. Ragnemalm                the Court, composed of: G.C. Rodrı́guez Iglesias, President,
(Rapporteur), Judges; S. Alber, Advocate General; L. Hewlett,              D.A.O. Edward, L. Sevón and R. Schintgen (Rapporteur) (Presi-
Administrator, for the Registrar, has given a judgment on                  dents of Chambers), P.J.G. Kapteyn, C. Gulmann, J.-P. Puisso-
23 May 2000, in which it has ruled:                                        chet, G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet,
                                                                           Judges; D. Ruiz-Jarabo Colomer, Advocate General; H. von
The derogation for which Article 7(1) (a) of Council Directive             Holstein, Deputy Registrar, has given a judgment on 23 May
79/7/EEC of 19 December 1978 on the progressive implementation             2000, in which it:
of the principle of equal treatment for men and women in matters of
social security provides must be interpreted as not applying to a          1.   Dismisses the appeal;
benefit such as the early old-age pension on account of incapacity for
work for which a qualifying age which differs according to sex was
introduced into national legislation after expiry of the period            2.   Orders the works council of SFP, Syndicat National de
prescribed for transposition of that directive.                                 Radiodiffusion et de Télévision CGT, Syndicat Unifié de Radio
                                                                                et de Télévision CFDT, Syndicat National Force Ouvrière de
                                                                                Radiodiffusion et de Télévision and Syndicat National de
(1) OJ C 209 of 4.7.1998.                                                       l’Encadrement Audiovisuel CFE-CGC to pay the costs.
                                                                           (1) OJ C 209 of 4.7.1998.
                  JUDGMENT OF THE COURT
                           of 23 May 2000
in Case C-106/98 P: Comité d’entreprise de la Société
française de production and Others v Commission of the
                    European Communities (1)
                                                                                           JUDGMENT OF THE COURT
(Appeal — Natural and legal persons — Directly and
individually concerned by the measure — State aid —                                                of 23 May 2000
Decision declaring aid incompatible with the common market
              — Trade unions and works councils)
                                                                           in Case C-196/98 (reference for a preliminary ruling
                                                                           from the Social Security Commissioner): Regina Virginia
                           (2000/C 233/15)
                                                                           Hepple and Others v Adjudication Officer, Adjudication
                                                                                         Officer v Anna Stec and Others (1)
                     (Language of the case: French)
                                                                           (Directive 79/7/EEC — Equal treatment for men and women
                                                                           in matters of social security — Benefits under an accident
(Provisional translation; the definitive translation will be published
                                                                           at work and occupational disease insurance scheme —
                    in the European Court Reports)
                                                                                      Introduction of a link to retirement age)
In Case C-106/98 P: Comité d’entreprise de la Société française
de production, having its registered office in Bry-sur-Marne                                       (2000/C 233/16)
(France), Syndicat national de radiodiffusion et de télévision
CGT (SNRT-CGT), having its registered office in Paris, Syndicat
unifié de radio et de télévision CFDT (SURT-CFDT), having its                                 (Language of the case: English)
registered office in Paris, Syndicat national Force ouvrière de
radiodiffusion et de télévision, having its registered office in
Paris, Syndicat national de l’encadrement audiovisuel CFE-                 In Case C-196/98: reference to the Court under Article 177 of
CGC (SNEA-CFE-CGC), having its registered office in Paris,                 the EC Treaty (now Article 234 EC) from the Social Security
represented by H. Masse-Dessen, lawyer with right of audience              Commissioner, United Kingdom, for a preliminary ruling in
before the French Conseil d’État and Cour de Cassation, with              the proceedings pending before that court between Regina
an address for service in Luxembourg at the Chambers of                    Virginia Hepple and Others v Adjudication Officer, Adjudica-
G. Thomas, 77, Boulevard Grande-Duchesse Charlotte —                       tion Officer v Anna Stec and Others — on the interpretation of
appeal against the judgment of the Court of First Instance of              Article 7(1)(a) of Council Directive 79/7/EEC of 19 December
the European Communities (Second Chamber) of 18 February                   1978 on the progressive implementation of the principle of
1998 in Case T-189/97 Comité d’Entreprise de la Société                    equal treatment for men and women in matters of social
Française de Production and Others v Commission [1998]                     security (OJ 1979 L 6, p. 24) — the Court, composed
ECR II-335, seeking to have that order set aside — the other               of: G.C. Rodrı́guez, President, D.A.O. Edward and L. Sevón,
party to the proceedings being: Commission of the European                 Presidents of Chamber, P.J.G. Kapteyn, C. Gulmann, J.-P. Puis-
Communities (Agents: G. Rozet and D. Triantafyllou) —                      sochet, G. Hirsch, P. Jann and H. Ragnemalm (Rapporteur),