CELEX: C2000/233/16
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court of 23 May 2000 in Case C-196/98 (reference for a preliminary ruling from the Social Security Commissioner): Regina Virginia Hepple and Others v Adjudication Officer, Adjudication Officer v Anna Stec and Others (Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Benefits under an accident at work and occupational disease insurance scheme — Introduction of a link to retirement age)

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),
 ---pagebreak--- 12.8.2000                EN                     Official Journal of the European Communities                                                C 233/9
Judges; A. Saggio, Advocate General; L. Hewlett, Administrator,            obligations under the EC Treaty and Article 7 of Directive
for the Registrar, has given a judgment on 23 May 2000, in                 76/464 — the Court (Sixth Chamber) composed of: R. Schint-
which it has ruled:                                                        gen, President of the Second Chamber, P.J.G. Kapteyn,
                                                                           G. Hirsch (Rapporteur), H. Ragnemalm and V. Skouris, Judges;
The derogation provided for in Article 7(1)(a) of Council Directive        P. Léger, Advocate General; L. Hewlett, Administrator, for the
79/7/EEC of 19 December 1978 on the progressive implementation             Registrar, has given a judgment on 25 May 2000 in which it:
of the principle of equal treatment for men and women in matters of        1.    Declares that, by failing to adopt pollution reduction program-
social security must be interpreted as applying to a benefit, such as            mes including quality objectives for the dangerous substances
the reduced earnings allowance at issue in the main proceedings,                 covered by the first indent of List II of the annex to Council
which was introduced into national legislation after expiry of the               Directive 76/464/EEC of 4 May 1976 on pollution caused by
period prescribed for transposition of the Directive and is subject to           certain dangerous substances discharged into the aquatic
age conditions which differ according to sex.                                    environment of the Community, the Hellenic Republic has
                                                                                 failed to fulfil its obligations under Article 7(1) of that directive;
(1) OJ C 234 of 25.7.1998.
                                                                           2.
                                                                                 Orders the Hellenic Republic to pay the costs.
                                                                           (1) OJ C 26 of 24.1.1998.
                  JUDGMENT OF THE COURT
                          (Sixth Chamber)                                                     JUDGMENT OF THE COURT
                                                                                                       (Second Chamber)
                           of 25 May 2000
                                                                                                         of 25 May 2000
in Case C-384/97 Commission of the European Communi-
                    ties v Hellenic Republic (1)                           in Case C-273/98 (reference for a preliminary ruling from
                                                                           the Bundesfinanzhof): Hans-Josef Schlebusch v Haupt-
(Failure of a Member State to fulfil its obligations — Water                                             zollamt Trier (1)
pollution — Obligation to adopt programmes in order to
reduce pollution caused by certain dangerous substances —                  (Additional levy on milk — Original and special reference
          Failure to transpose Directive 76/464/EEC)                       quantities — Accumulation — Definitive allocation of a
                                                                           special reference quantity — Conditions — Temporary
                                                                           transfer of part of an original reference quantity before the
                           (2000/C 233/17)                                      definitive allocation of a special reference quantity)
                                                                                                        (2000/C 233/18)
                     (Language of the case: Greek)
                                                                                                (Language of the case: German)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                         (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-384/97, Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:                    In Case C-273/98: reference to the Court under Article 177 of
A. Samoni-Rantou and E.-M. Mamouna) — Application for a                    the EC Treaty from the Bundesfinanzhof, Germany, for a
declaration that, by failing to establish programmes including             preliminary ruling in the proceedings pending before that
quality objectives and setting deadlines for their implementa-             court between Hans-Josef Schlebusch and Hauptzollamt Trier
tion, in order to reduce water pollution caused by the                     — on the interpretation of the first sentence of Article 3a(3) of
99 dangerous substances covered by the first indent of List II             Council Regulation (EEC) No 857/84 of 31 March 1984
in the annex to Council Directive 76/464/EEC of 4 May                      adopting general rules for the application of the levy referred
1976 on pollution caused by certain dangerous substances                   to in Article 5c of Regulation (EEC) No 804/68 in the milk
discharged into the aquatic environment of the Community                   and milk products sector (OJ 1984 L 90, p. 13), as amended
(OJ 1976 L 129, p. 23), and consequently by failing to require             by Council Regulation (EEC) No 1639/91 of 13 June 1991 (OJ
discharges which are made into waters and liable to contain                1991 L 150, p. 35) — the Court (Second Chamber), composed
any of the said substances to be subject to a prior authorisation          of: R. Schintgen, President of the Chamber, G. Hirsch (Rappor-
issued by the competent authority in which emission standards              teur) and V. Skouris, Judges; G. Cosmas, Advocate General;
are set on the basis of quality objectives laid down in such               R. Grass, Registrar, has given a judgment on 25 May 2000, in
programmes, the Hellenic Republic has failed to fulfil its                 which it has ruled: