CELEX: C2000/102/11
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 February 2000 in Case C-340/97 (reference for a preliminary ruling from the Bayerisches Verwaltungsgericht Ansbach): Ömer Nazli, Caglar Nazli, Melike Nazli v Stadt Nürnberg (EEC-Turkey Association Agreement — Freedom of movement for workers — Articles 6(1) and 14(1) of Decision No 1/80 of the Association Council — Registration as duly belonging to the labour force of a Member State — Turkish worker detained pending trial and subsequently sentenced to a suspended term of imprisonment — Expulsion on general preventive grounds)

8.4.2000                 EN                     Official Journal of the European Communities                                             C 102/7
2. The fact that the relevant national provisions prohibit all                  EC), resulting from the judgment in Case 43/75 Defrenne v
    discrimination against workers by reason of the fact that they              Sabena [1976] ECR 455, does not preclude national provisions
    work part time, and not by reason of their sex, does not affect the         which lay down a principle of equal treatment by virtue of which,
    answer to be given to the first question.                                   in circumstances like those of the main proceedings, all part-time
                                                                                workers are entitled to retroactive membership of an occupational
                                                                                pension scheme and to receive a pension under that scheme.
(1) OJ C 269 of 14.9.1996.
                                                                           2. Article 119 of the Treaty does not preclude provisions of a
                                                                                Member State which lay down a principle of equal treatment by
                                                                                virtue of which, in circumstances like those of the main
                                                                                proceedings, all part-time workers are entitled to retroactive
                                                                                membership of a private occupational pension scheme and to
                                                                                receive a pension under that scheme, notwithstanding the risk of
                 JUDGMENT OF THE COURT                                          distortions of competition between economic operators of the
                                                                                various Member States to the detriment of employers established
                          (Sixth Chamber)                                       in the first Member State.
                        of 10 February 2000                                3. National courts are required to interpret their national law as far
                                                                                as possible in the light of the wording and purpose of the relevant
in Joined Cases C-270/97 and C-271/97 (references for                           Community provisions, in particular Article 119 of the Treaty,
preliminary rulings from the Landesarbeitsgericht Nieder-                       in order to ensure application of the principle of equal pay for
sachsen): Deutsche Post AG v Elisabeth Sievers                                  men and women.
         (C-270/97), Brunhilde Schrage (C-271/97) (1)
                                                                           (1) OJ C 271 of 6.9.1997.
(Equal pay for men and women — Article 119 of the EC
Treaty (Articles 117 to 120 of the EC Treaty have been
replaced by Articles 136 EC to 143 EC) — Protocol
concerning Article 119 of the EC Treaty — Occupational
social security schemes — Exclusion of part-time workers
affiliated to a supplementary occupational retirement pen-
sion scheme — Retroactive membership — Entitlement to a
pension — Relationship between national law and Com-
munity law — Interpretation consonant with Community                                          JUDGMENT OF THE COURT
                                 law)
                                                                                                      (Sixth Chamber)
                           (2000/C 102/10)
                                                                                                    of 10 February 2000
                    (Language of the case: German)
                                                                           in Case C-340/97 (reference for a preliminary ruling from
                                                                           the Bayerisches Verwaltungsgericht Ansbach): Ömer
(Provisional translation; the definitive translation will be published         Nazli, Caglar Nazli, Melike Nazli v Stadt Nürnberg (1)
                    in the European Court Reports)
In Joined Cases C-270/97 and C-271/97: references to the                   (EEC-Turkey Association Agreement — Freedom of move-
Court under Article 177 of the EC Treaty (now Article 234                  ment for workers — Articles 6(1) and 14(1) of Decision
EC) from the Landesarbeitsgericht Niedersachsen (Germany)                  No 1/80 of the Association Council — Registration as duly
for preliminary rulings in the proceedings pending before                  belonging to the labour force of a Member State — Turkish
that court between Deutsche Post AG and Elisabeth Sievers                  worker detained pending trial and subsequently sentenced to
(C-270/97), Brunhilde Schrage (C-271/97) — on the interpret-               a suspended term of imprisonment — Expulsion on general
ation of Article 119 of the EC Treaty (Articles 117 to 120 of                                        preventive grounds)
the EC Treaty have been replaced by Articles 136 EC to 143
EC) and of the Protocol concerning Article 119 of the Treaty                                           (2000/C 102/11)
establishing the European Community, annexed to the EC
Treaty — the Court (Sixth Chamber), composed of: R. Schint-
gen (Rapporteur), President of the Second Chamber, acting for                                   (Language of the case: German)
the President of the Sixth Chamber, G. Hirsch and H. Ragne-
malm, Judges; G. Cosmas, Advocate General; H.A. Rühl, Princi-
pal Administrator, for the Registrar, has given a judgment on              (Provisional translation; the definitive translation will be published
10 February 2000, in which it has ruled:                                                        in the European Court Reports)
1. The limitation in time of the possibility of relying on the direct
    effect of Article 119 of the EC Treaty (Articles 117 to 120 of         In Case C-340/97: reference to the Court under Article 177 of
    the EC Treaty have been replaced by Articles 136 EC to 143             the EC Treaty (now Article 234 EC) from the Bayerisches
 ---pagebreak--- C 102/8                  EN                      Official Journal of the European Communities                                           8.4.2000
Verwaltungsgericht Ansbach (Bavarian Administrative Court,                                    JUDGMENT OF THE COURT
Ansbach), Germany, for a preliminary ruling in the proceedings
pending before that court between Ömer Nazli, Caglar Nazli,
Melike Nazli and Stadt Nürnberg — on the interpretation of                                           (Second Chamber)
Articles 6(1) and 14(1) of Decision No 1/80 of 19 September
1980 on the development of the Association, adopted by the
Association Council established by the Association Agreement                                        of 17 February 2000
between the European Economic Community and Turkey
— the Court (Sixth Chamber), composed of: R. Schintgen
(Rapporteur), President of the Second Chamber, acting as                    in Case C-156/97: Commission of the European Communi-
President of the Sixth Chamber, P.J.G. Kapteyn and G. Hirsch,                       ties v Van Balkom Non-Ferro Scheiding BV (1)
Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
10 February 2000, in which it has ruled:                                    (Arbitration clause — Rescission of a contract — Right to
                                                                                          reimbursement of advance payments)
                                                                                                       (2000/C 102/12)
1. A Turkish national who has been in legal employment in a
    Member State for an uninterrupted period of more than four
    years but is subsequently detained pending trial for more than a                            (Language of the case: German)
    year in connection with an offence for which he is ultimately
    sentenced to a term of imprisonment suspended in full has not
    ceased, because he was not in employment while detained pending
    trial, to be duly registered as belonging to the labour force of the    (Provisional translation; the definitive translation will be published
    host Member State if he finds a job again within a reasonable                               in the European Court Reports)
    period after his release, and may claim there an extension of his
    residence permit for the purposes of continuing to exercise his
    right of free access to any paid employment of his choice under         In Case C-156/97: Commission of the European Communities
    the third indent of Article 6(1) of Decision No 1/80 of                 (Agents: H. van Lier and G. zur Hausen, assisted by B.
    19 September 1980 on the development of the Association,                Wägenbaur) v Van Balkom Non-Ferro Scheiding BV, estab-
    adopted by the Association Council established by the Association       lished in Oss, Netherlands, represented by D. Baas, Rechtsan-
    Agreement between the European Economic Community and                   walt, Mannheim, Postfach 10 27 50, D-68027 Mannheim —
    Turkey.                                                                 application for recovery of an advance payment which the
                                                                            Commission made to the defendant in respect of a demon-
                                                                            stration project in the field of the production of energy from
                                                                            crushed motor vehicle scrap metal — the Court (Second
                                                                            Chamber), composed of: R. Schintgen, President of the Chamb-
                                                                            er, G. Hirsch (Rapporteur) and V. Skouris, Judges; J. Mischo,
2. Article 14(1) of Decision No 1/80 is to be interpreted as
                                                                            Advocate General; L. Hewlett, Administrator, and then
    precluding the expulsion of a Turkish national who enjoys a right
                                                                            H.A. Rühl, Principal Administrator, for the Registrar, has given
    granted directly by that decision when it is ordered, following a
                                                                            a judgment on 17 February 2000, in which it:
    criminal conviction, as a deterrent to other aliens without the
    personal conduct of the person concerned giving reason to
    consider that he will commit other serious offences prejudicial to      1. Orders Van Balkom Non—Ferro Scheiding BV to pay to the
    the requirements of public policy in the host Member State.                 Commission of the European Communities the sum of EUR
                                                                                251 649, plus interest on that sum as from 1 May 1995 at the
                                                                                percentage rates, published on the first working day of each
                                                                                month, which the European Monetary Cooperation Fund charges
                                                                                in respect of its euro transactions;
(1) OJ C 357 of 22.11.1997.                                                 2. Dismisses the application as to the remainder;
                                                                            3. Orders Van Balkom Non-Ferro Scheiding BV to pay the costs.
                                                                            (1) OJ C 212 of 12.7.1997.