CELEX: C2000/020/34
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-437/99: Action brought on 16 November 1999 by the Commission of the European Communities against Ireland

22.1.2000               EN                     Official Journal of the European Communities                                        C 20/17
Pleas in law and main arguments                                           Pleas in law and main arguments
Under Article 249 of the EC Treaty, according to which a                  Article 249 CE (ex Article 189 of the EC Treaty), under which
directive is to be binding, as to the result to be achieved, upon         a directive shall be binding, as to the result to be achieved,
each Member State to which it is addressed, Member States are             upon each Member State, carries by implication an obligation
required to observe the time-limits laid down in directives for           on the Member States to observe the period for compliance
their transposition. That time-limit expired on 3 September               laid down in the directive. That period expired without Ireland
1997 without the Italian Republic having brought into force               having enacted the provisions necessary to comply with the
the necessary provisions in order to comply with the directive            directives referred to in the conclusions of the Commission.
referred to in the Commission’s application.
                                                                          (1) OJ L 265, 8.11.1995, p. 17-22.
                                                                          (2) on the certification of animals and animal products OJ L 13 of
(1) OJ 1996 L 236, p. 36.                                                     16.01.1997, p. 18-30.
                                                                          (3) OJ L 295, 29.10.1997, p. 35-36.
Action brought on 16 November 1999 by the Com-                            Reference for a preliminary ruling by the Juzgado de lo
   mission of the European Communities against Ireland                    Social Único de Algeciras, by order of that court of
                                                                          10 November 1999 in the case of Marı́a Luisa Jiménez
                                                                                  Melgar against the Municipality of Los Barrios
                          (Case C-437/99)
                                                                                                    (Case C-438/99)
                           (2000/C 20/34)
                                                                                                     (2000/C 20/35)
An action against Ireland was brought before the Court of
Justice of the European Communities on 16 November 1999                   Reference has been made to the Court of Justice of the
by the Commission of the European Communities, represented                European Communities by an order of the Juzgado de lo Social
by Mr Peter Oliver, Legal Adviser, and by Mr Keir Fitch,                  Único (Social Court), Algeciras, of 10 November 1999, which
official seconded to the Commission’s Legal Service under the             was received at the Court Registry on 17 November 1999, for
arrangement for the exchange of national officials, acting as             a preliminary ruling in the case of Marı́a Luisa Jiménez Melgar
agents, with an address for service at the office of Mr Carlos            against Municipality of Los Barrios, on the following questions:
Gómez de la Cruz, a member of its Legal Service, at the
Wagner Centre, Luxembourg.                                                1. Is Article 10 of Directive 92/85/EEC (1) sufficiently clear,
                                                                               precise and unconditional to be directly effective?
The Applicant claims that the Court should:                               2. In providing that ‘Member States shall take the necessary
                                                                               measures to prohibit the dismissal of workers ... [who are
— declare that by failing to adopt the laws regulations or                     pregnant, have given birth or are breastfeeding] during the
    administrative provisions necessary to comply with                         period from the beginning of their pregnancy to the end
                                                                               of the maternity leave ... save in exceptional cases not
    — Directive 95/53/EC of the Council of 25 October 1995                     connected with their condition’, does Article 10 of the
         fixing the principles governing the organisation of                   Directive require the Member States to lay down, on a
         official inspections in the field of animal nutrition (1);            specific and exceptional basis, the available grounds for
                                                                               dismissing a worker who is pregnant, has given birth or is
    — Directive 96/93/EC of the Council of 17 December                         breast-feeding, so that they must introduce into national
         1996 (2) laying down the rules to be observed in issuing              legislation, together with the general rules on the
         the certificates required by veterinary legislation;                  extinguishment of employment contracts, a further special,
                                                                               exceptional and more limited set of rules expressly for
                                                                               those cases in which the worker is pregnant, has given
    — Directive 97/61/EC of the Council of 20 October 1997                     birth or is breast-feeding?
         amending the Annex to Directive 91/492/EEC laying
         down the health conditions for the production and                3. What repercussions does Article 10 of the Directive have
         placing on the market of live bi-valve molluscs (3)                   regarding non-renewal by an employer of a fixed-term
                                                                               contract of a woman who is pregnant under the same
    and/or by failing to inform the Commission thereof,                        circumstances as prevailed in relation to earlier contracts?
    Ireland has failed to fulfil its obligations under those                   Does Article 10 affect the protection enjoyed by a pregnant
    Directives, and                                                            woman in the context of temporary employment relation-
                                                                               ships, and if so, in what way, according to what parameters
— order Ireland to pay the costs.                                              and to what extent?