CELEX: C1997/199/04
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 April 1997 in Case C-147/95 (reference for a preliminary ruling from the Diikitiko Efetio Athinon): Dimosia Epicheirisi Ilectrismou (DEI) v. Evthimios Evrenopoulos (Social policy - Men and women - Equal treatment - Applicability of Article 119 of the EC Treaty or Directive 79/7/EEC - Insurance scheme of a State electricity company - survivors' pensions - Protocol No 2 to the Treaty on European Union - Meaning of 'legal proceedings')

28 . 6 . 97            EN                  Official Journal of the European Communities                                   No C 199/3
                JUDGMENT OF THE COURT                                       an extension of the period prescribed for lodging such
                        ( Sixth Chamber)                                    an objection.
                        of 17 April 1997
                                                                      4. Article 119 of the Treaty requires that widowers
in Case C-147/95 ( reference for a preliminary ruling                       discriminated against in breach of that provision be
from the Dükitiko Efetio Athinon): Dimosia Epicheirisi                      awarded a pension or other survivor's benefit under
        Ilectrismou ( DEI ) v. Evthimios Evrenopoulos ( J )                 the same conditions as widows.
(Social policy — Men and women — Equal treatment —
                                                                      H OJ No C 189, 22 . 7. 1995 .
Applicability of Article 119 of the EC Treaty or Directive
79/7/EEC — Insurance scheme of a State electricity
company — survivors ' pensions — Protocol No 2 to the
Treaty on European Union — Meaning of 'legal
                           proceedings ')
                          ( 97/C 199/04 )
                                                                                       JUDGMENT OF THE COURT
                                                                                              ( Fourth Chamber)
                 (Language of the case: Greek)
                                                                                               of 17 April 1997
                                                                      in Joined Cases C-274/95 , C-275/95 and C-276/95
  (Provisional translation; the definitive translation will be
           published in the European Court Reports)                   ( reference for a preliminary ruling from the
                                                                      Bundesfinanzhof): Ludwig Wünsche & Co. v. Hauptzollamt
                                                                                              Hamburg-Jonas (')
In Case C-147/95 : reference to the Court under Article 177
                                                                      (Common Customs Tariff — Combined nomenclature —
of the EC Treaty from the Dükitiko Efetio Athinon
                                                                                                 Potato starch)
( Administrative Appeal Court, Athens ) ( Greece ), for a
preliminary ruling in the proceedings pending before that                                        ( 97/C 199/05 )
court between Dimosia Epicheirisi Ilectrismou ( DEI ) and
Evthimios Evrenopoulos — on the interpretation of                                      (Language of the case: German)
Article 119 of the EC Treaty, the Protocol concerning
Article 119 of the Treaty establishing the European
Community, and Council Directive 79/7/EEC of                             (Provisional translation; the definitive translation will be
19 December 1978 on the progressive implementation of                             published in the European Court Reports)
the principle of equal treatment for men and women in
matters of social security ( OJ No L 6, 10 . 1 . 1979 , p. 24 )       In Joined Cases C-274/95 , C-275/95 and C-276/95
— the Court ( Sixth Chamber ), composed of: G. F.                     reference to the Court under Article 177 of the EC Treaty
Mancini , President of the Chamber ( Rapporteur), J. L.               by the Bundesfinanzhof for a preliminary ruling in the
Murray, C. N. Kakouris, P. J. G. Kapteyn and H.                       proceedings pending before that court between Ludwig
Ragnemalm, Judges; F. G. Jacobs, Advocate-General; L.                 Wünsche & Co. and Hauptzollamt Hamburg-Jonas — on
Hewlett, Administrator, for the Registrar, has given a                the interpretation of the Common Customs Tariff, as laid
judgment on 17 April 1997, in which it has ruled :                    down in Council Regulation (EEC ) No 3618/86 of
                                                                      24 November 1986 amending Regulation ( EEC ) No 3331 /
1 . The benefits granted under a pension scheme such as               85 amending Regulation ( EEC ) No 950/68 on the
     the insurance scheme of the Dimosia Epicheirisi                  Common Customs Tariff ( OJ No L 345 , 8 . 12 . 1996, p. 1 ),
     Ilectrismou, including survivors ' benefits, fall within         and of the combined nomenclature, as contained in
     the scope of Article 119 of the EC Treaty.                       Council Regulation ( EEC) No 2658/87 of 23 July 1987 on
                                                                      the     tariff  and  statistical   nomenclature   and   on   the
                                                                      Common Customs Tariff ( OJ No L 256, 7. 9 . 1987, p. 1 )
2 . Where a survivor 's pension falls within the definition           — the Court ( Fourth Chamber ), composed of: J. L.
     of pay for the purposes of Article 119 of the Treaty,            Murray, President of the Chamber, P. J. G. Kapteyn
     Article 119 precludes the application of a provision of          ( Rapporteur ), H. Ragnemalm, Judges; G. Tesauro,
     national law which makes the award of such a                     Advocate-General; H. A. Rühl, Principal Administrator for
     pension to a widower subject to special conditions               the Registrar, has given a judgment on 17 April 1997, in
     which are not applied to widows, and there is no rule            which it has ruled :
     of Community law which could justify the
     maintenance in force of such a provision.
                                                                      1 . The classification       of esterified potato starch under
                                                                            heading 11.08 A        IV of Council Regulation (EEC)
3 . On a proper construction of the Protocol concerning                     No 3618/86 of           24 November 1986 amending
     Article 119 of the Treaty establishing the European                    Regulation (EEC)       No 3331 /85 amending Regulation
     Community, that Article may be relied upon in                          (EEC) No 950/68 on the Common Customs Tariff
     proceedings initiated before 17 May 1990 in order to                   (and under subheading 1108 13 00 of the combined
     obtain benefits under an occupational social security                  nomenclature, as contained in Council Regulation
     scheme, even if the action was declared inadmissible                   (EEC) No 2658/87 of 23 July 1987 on the tariff and
     on the ground that the applicant had not lodged a                      statistical nomenclature and on the Common Customs
     prior objection, where the national court has granted                  Tariff), or under heading 39.06 B I of the Common