CELEX: C1996/133/19
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 February 1996 in Case C-307/94: Commission of the European Communities v. Italian Republic (Failure of a Member State to fulfil its obligations - Directive 85/432/EEC)

No C 133/ 10           EN                   Official Journal of the European Communities                                     4 . 5 . 96
               JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                         ( Fifth Chamber )                                                     ( Sixth Chamber)
                      of 29 February 1996                                                     of 7 March 1996
      in Case C-307/94: Commission of the European                     in Case C-278/93 : (reference for a preliminary ruling from
              Communities v. Italian Republic (')                      the Arbeitsgericht Bremen ): Edith Freers and Hannelore
(Failure of a Member State to fulfil its obligations —                            Speckmann v. Deutsche Bundespost ( 1 )
                     Directive 85/432/EEC)                             (Indirect discrimination against women workers —
                           ( 96/C 133/ 19 )                            Compensation for attendance at training courses providing
                                                                       members ofstaffcommittees with the knowledge necessary
                                                                                       for performing their functions)
                 (Language of tbe case: Italian)                                                  96/C 133/20 )
                                                                                      (Language of the case: German)
(Provisional translation; the definitive translation will be           (Provisional translation; the definitive translation will be
          published in the European Court Reports)                              published in the European Court Reports)
                                                                       In Case C-278/93 : reference to the Court under Article 177
In Case C-307/94 : Commission of the European                          of the EC Treaty by the Arbeitsgericht Bremen ( Germany )
Communities ( Agents : Enrico Traversa and Enrico Vesco )              for a preliminary ruling in the proceedings pending before
v. Italian Republic ( Agents : Professor Umberto Leanza,               that court between Edith Freers, Hannelore Speckmann and
assisted by Pier Giorgio Ferri ) — application for a                   Deutsche Bundespost, Article 119 of the EEC Treaty and of
declaration that, by postponing from 1 October 1987 to                 Council Directive 75/117/EEC of 10 February 1975 on the
1 November 1990 the time-limit laid down in Article 5 of               approximation of the laws of the Member States relating to
Council Directive 85/432/EEC of 16 September 1985                      the application of the principle of equal pay for men and
concerning the coordination of provisions laid down by law,            women ( OJ No L 45 , 1975 , p . 19 ) — the Court ( Sixth
regulation or administrative action in respect of certain              Chamber ) composed of C. N. Kakouris, President of the
activities in the field of pharmacy ( OJ No L 253 , 1985 ,             Chamber, G. F. Mancini , F. A. Schockweiler, P. J. G.
p . 34 ) and by retaining until the latter date curricula for          Kapteyn, and J. L. Murray ( Rapporteur), Judges;
training in pharmacy which are incompatible with that                  Advocate-General : M. Darmon, Registrar : H. von Holstein,
Directive, the Italian Republic has failed to fulfil its .             Deputy Registrar, has given a judgment on 7 March 1996,
obligations under Directive 85/432 and particularly under              the operative part of which is as follows :
Articles 1 , 2 and 5 thereof — the Court ( Fifth Chamber ),
composed of D. A. O. Edward, President of the Chamber,                 1 . The compensation paid to a male or female worker for
J. C. Moitinho de Almeida , C. Gulmann, L. Sevôn                           taking part in statutorily established staffrepresentation
( Rapporteur ) and M. Wathelet, Judges; D. Ruiz-Jarabo                     constitutes pay within the meaning of Article 119 of the
Colomer, Advocate-General; D. Louterman-Hubeau,                            EC Treaty and of Council Directive 75/117/EEC of
Principal Administrator, for the Registrar, gave a judgment                1 0 February 1 975 on thze approximation of the laws of
on 29 February 1996 , in which it:                                         the Member States relating to the application of the
                                                                           principle of equal pay for men and women.
1 , declares that, by postponing from 1 October 1987 to                2 . Where the category of part-time workers includes a
     1 November 1 990 the time-limit laid down in Article 5                much higher number of women than men, the
     of Council Directive 85/432/EEC of 16 September 1985                  prohibition of indirect discrimination in the matter of
     concerning the coordination ofprovisions laid down by                 pay, as set out in Article 119 of the Treaty and in
     law, regulation or administrative action in respect of                Directive 75/117/EEC, precludes national legislation
     certain activities in the field of pharmacy, and by                   which, not being suitable and necessary for achieving a
     retaining until the latter date . curricula for training in           legitimate social policy aim, has the effect of limiting to
     pharmacy which are incompatible with that Directive,                  their individual working hours the compensation which
     the Italian Republic has failed to fulfil its obligations             staff committee members employed on a part-time basis
     under Directive 85/432 and particularly under                         are to receive from their employer for attending training
     Articles 1 , 2 and 5 thereof;                                         courses which impart the knowledge necessary for
                                                                           serving on staff committees and are held during the
                                                                           full-time working hours applicable in the undertaking
                                                                           but which exceed their individual part-time working
2 , orders the Italian Republic to pay the costs.                          hours, when staff committee members employed on a
                                                                           full-time basis receive compensation for attendance at
                                                                           the same courses on the basis of their full-time working
(') OJ No C 380 , 31 . 12 . 1994 .                                         hours .
                                                                       C ) OJ No C 178 , 30 . 6 . 1993 .