CELEX: C2000/149/18
Language: en
Date: 2000-05-27 00:00:00
Title: Order of the Court (Second Chamber) of 28 January 2000 in Case C-138/97 (reference for a preliminary ruling from the Tribunale di Genova): Vincenzo Farina v Credito Italiano SpA (Article 104(3) of the Rules of Procedure — Manifestly identical question)

27.5.2000                EN                      Official Journal of the European Communities                                             C 149/11
— in sectors of the public service where women are under-represented,       Tribunale di Genova (District Court, Genoa) (Italy) for a
    gives priority, where male and female candidates have equal             preliminary ruling in the proceedings pending before that
    qualifications, to female candidates where that proves necessary        court between Vincenzo Farina and Credito Italiano SpA —
    for ensuring compliance with the objectives of the women’s              on the interpretation of Articles 85 and 86 of the EC Treaty
    advancement plan, if no reasons of greater legal weight are             (now Articles 81 EC and 82 EC) in the light of certain uniform
    opposed, provided that that rule guarantees that candidatures are       bank rules which the Associazione Bancaria Italiana lays down
    the subject of an objective assessment which takes account of the       for its members in relation to the conclusion of contracts for
    specific personal situations of all candidates,                         the opening of current account credit facilities and all-
                                                                            embracing guarantee agreements — the Court of Justice
— prescribes that the binding targets of the women’s advancement            (Second Chamber), composed of R. Schintgen, President of the
    plan for temporary posts in the academic service and for academic       Chamber, G. Hirsch (Rapporteur) and M. Skouris, Judges;
    assistants must provide for a minimum percentage of women               D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
    which is at least equal to the percentage of women among                made an order on 28 January 2000, the operative part of
    graduates, holders of higher degrees and students in each               which is as follows:
    discipline,
                                                                            1. Uniform bank rules, inasmuch as they allow banks, in respect of
— in so far as its objective is to eliminate under-representation of            contracts for the opening of current account credit facilities, to
    women, in trained occupations in which women are under-                     modify at any moment the interest rate by reason of changes on
    represented and for which the State does not have a monopoly of             the money market, by means of a notice posted on their premises
    training, allocates at least half the training places to women,             or by such method as they consider most appropriate, do not
    unless despite appropriate measures for drawing the attention of            have as their object or effect the restriction of competition within
    women to the training places available there are not enough                 the meaning of Article 85(1) of the EC Treaty (now Article
    applications from women,                                                    81(1) EC);
— where male and female candidates have equal qualifications,               2. Uniform bank rules relating to the all-embracing guarantee
    guarantees that qualified women who satisfy all the conditions              covering the opening of current account credit facilities and
    required or laid down are called to interview, in sectors in which          derogating from the general law applied to guarantees, such as
    they are under-represented,                                                 those at issue in the main proceedings, are not capable, taken as
                                                                                a whole, of affecting trade between Member States within the
— relating to the composition of employees’ representative bodies               meaning of Article 85(1) of the Treaty.
    and administrative and supervisory bodies, recommends that the
    legislative provisions adopted for its implementation take into         3. The application of those uniform bank rules does not constitute
    account the objective that at least half the members of those               an abuse of a dominant position within the meaning of Article
    bodies must be women.                                                       86 of the EC Treaty (now Article 82 EC).
                                                                            (1) OJ C 181 of 14.6.1997.
(1) OJ C 199 of 28.6.1997.
                                                                                                 ORDER OF THE COURT
                    ORDER OF THE COURT
                                                                                                       (Fifth Chamber)
                         (Second Chamber)
                                                                                                      of 9 March 2000
                         of 28 January 2000                                 in Case C-291/98 P: Sarrió SA v Commission of the
                                                                                                European Communities (1)
in Case C-138/97 (reference for a preliminary ruling from
the Tribunale di Genova): Vincenzo Farina v Credito                         (Application for the re-opening of the written procedure and
                            Italiano SpA (1)                                                the opening of the oral procedure)
(Article 104(3) of the Rules of Procedure — Manifestly                                                 (2000/C 149/19)
                          identical question)
                                                                                                 (Language of the case: Italian)
                           (2000/C 149/18)
                                                                            (Provisional translation; the definitive translation will be published
                    (Language of the case: Italian)                                             in the European Court Reports)
In Case C-138/97: reference to the Court of Justice under                   In Case C-291/98 P Sarrió SA, established in Barcelona (Spain),
Article 177 of the EC Treaty (now Article 234 EC) from the                  represented by A. Mazzoni, of the Milan Bar, M. Siragusa, of