CELEX: C1996/133/03
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT of 13 February 1996 in Case C-143/93 (reference for a preliminary ruling from the Tariefcommissie, Amsterdam): Gebroeders van Es Douane Agenten BV v. Inspecteuer der Invoerrechten en Accijnzen (Effect of the repeal of a Council Regulation on a Commission Regulation concerning customs classification adopted on the basis of the former Regulation - Commission's discretionary powers when drawing up a classification Regulation)

No C 133/2             EN                  Official Journal of the European Communities                                   4 . 5 . 96
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                      of 6 February 1996                                                  of 13 February 1996
in Case C-457/93 ( reference for a preliminary ruling from            in Case C-143/93 ( reference for a preliminary ruling from
the Bundesarbeitsgericht ): Kuratorium für Dialyse und                the Tariefcommissie, Amsterdam ): Gebroeders van Es
     Nierentransplantation e. V. v. Johanna Lewark (')                Douane Agenten BV v. Inspecteuer der Invoerrechten en
 (Indirect discrimination against women workers —                                                 Accijnzen (')
 Compensation for attendance at training courses providing             (Effect of the repeal of a Council Regulation on a
staff council members with the necessary knowledge for                 Commission Regulation concerning customs classification
                  performing their functions)                         adopted on the basis of the former Regulation —
                           ( 96/C 133/02 )                             Commission's discretionary powers when drawing up a
                                                                                        classification Regulation)
                                                                                                ( 96/C 133/03 )
                (Language of the case: German)
(Provisional translation; the definitive translation will be
                                                                                     (Language of the case: Dutcb)
          published in the European Court Reports)
In Case C-457/93 : reference to the Court under Article 177
of the EC Treaty from the Bundesarbeitsgericht ( Federal              (Provisional translation; the definitive translation will be
Labour Court ) for a preliminary ruling in the proceedings                     published in the European Court Reports)
pending before that court between Kuratorium für Dialyse
und Nierentransplantation e . V. and Johanna Lewark — on
the interpretation of Article 119 of the EC Treaty and of
Council Directive 75/ 117/EEC of 10 February 1975 on the              In Case C- 143/93 : reference to the Court under Article 177
approximation of the laws of the Member States relating to            of the EC Treaty from the Tariefcommissie ( Administrative
the application of the principle of equal pay for men and             Court for Customs and Excise ), Amsterdam, for a
women ( OJ No L 45 , 1975 , p . 19 ) — the Court, composed            preliminary ruling in the proceedings pending before that
of G. C. Rodriguez Iglesias, President, C. N. Kakouris,               court between Gebroeders van Es Douane Agenten BV and
D. A. O. Edward , J. -P. Puissochet and G. Hirsch ( Presidents        Inspecteur der Invoerrechten en Accijnzen — on the
of Chambers ), G. F. Mancini, F. A. Schockweiler,                     interpretation and validity of Commission Regulation
J. C. Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann ,            ( EEC ) No 482/74 of 27 February 1974 on the classification
J. L. Murray ( Rapporteur ), P. Jann and H. Ragnemalm ,               of goods within subheading No 23.04 B of the Common
Judges; F. G. Jacobs, Advocate-General; H. A. Rühl ,                  Customs Tariff ( OJ No L 57, 1974, p . 23 ) — the
Principal Administrator, for the Registrar, has given a               Court, composed of G. C. Rodriguez Iglesias,
judgment on 6 February 1996 , in which is rules :                     President, C. N. Kakouris, G. Hirsch, G. F. Mancini,
                                                                      F. A. Schockweiler, J. C. Moitinho de Almeida ,
                                                                      P. J. G. Kapteyn, J. L. Murray ( Rapporteur ), P. Jann,
Where the category of part-time workers includes a much               H. Ragnemalm and L. Sevón, Judges; M. B. Elmer,
higher number of women than men , the prohibition of                 Advocate-General ; R. Grass, Registrar, has given a
indirect discrimination in the matter of pay, as set out in          judgment on 13 February 1996 , in which it rules :
Article 119 of the EC Treaty and in Council Directive
71 /1 1 7/EEC of 10 February 1975 on the approximation of
the laws of the Member States relating to the application of
the principle of equal pay for men and women, precludes
national legislation which, not being suitable and necessary         Since Commission Regulation (EEC) No 482/74 of
                                                                     27 February 1974 on the classification of goods within
for achieving a legitimate social policy aim, has the effect of
                                                                     subheading 23.04 B ofthe Common Customs Tariffwas not
limiting to their individual working hours the compensation
                                                                     amended by the Commission in accordance with the second
which staff council members employed on a part-time basis
                                                                     subparagraph of Article 15 ( 1 ) of Council Regulation
are to receive from their employer for attending training
                                                                     No 2658/87, it cannot be applied to declarations concerning
courses which impart the knowledge necessary for serving
                                                                     importations after 1 January 1988 inasmuch as that failure
on staff councils and are held during the full-time working
                                                                     to amend the former Regulation prevents individuals from
hours applicable in the undertaking but which exceed
                                                                     determining its precise scope.
their individual part-time working hours, when staff
council members employed on a full-time basis receive
compensation for attendance at the same courses on the
basis of their full-time working hours.                               (') OJ No C 135 , 14 . 5 . 1993 .
C ) OJ No C 43 , 12 . 2 . 1994 .