CELEX: C1997/357/28
Language: en
Date: 1997-11-22 00:00:00
Title: Action brought on 24 September 1997 by the Commission of the European Communities against the Comune di Montorio al Vomano (Case C-334/97)

C 357/ 16                  EN                  Official Journal of the European Communities                                 22 . 11 . 97
2 . Is there a breach of Article 119 of the EC Treaty,                    The applicant claims that the Court should:
      Article 11 ( 2 ) of Directive 92/85/EEC and clause 2 ( 6 )
      of the Annex to Directive 96/34/EC (2) ( which is yet to
      be transposed ) if an employer wholly excludes women                — order the Comune di Montorio al Vomano to refund :
      who are on parenting leave (Erziehungsurlaub) at the
      time of payment of the Christmas bonus from receipt                      — Lit 455 200 000, together with Lit 650 885 399 by
      of the bonus and does not take into account work
                                                                                   way of interest, in respect of the financing of
      performed and periods completed for the protection                           contract 147,
      of mothers (in which they were prohibited from
      working)?
                                                                               — Lit 158 400 000, together with Lit 243 672 000 by
                                                                                   way of interest, in respect of the financing of
                                                                                   contract 149 ,
3 . If Question 2 is to be answered in the affirmative :
                                                                               that is to say, the total §um of Lit 1 508 157 399
                                                                               together with further interest as from 31 August 1997
      Is there a breach of Article 119 of the EC Treaty,                       until the day on which repayment is fully effected,
      Article 11 ( 2 ) ( b ) of Directive 92/85/EEC and clause 2               following rescission of the two contracts referred to
       ( 6 ) of the Annex to Directive 96/34/EC if, when                       above,
      awarding a Christmas bonus to a woman who is on
      parenting leave, an employer takes into account the
      following periods by way of pro rata reduction:                     — order the Comune di Montorio al Vomano to pay the
                                                                               Commission Lit 50 000 000 by way of damages or
                                                                               such sum as may be considered due compensation for
      — periods of parenting leave;                                            the damage suffered by reason of its faillure to
                                                                               perform its obligations,
      — periods for the protection of mothers ( in which she              — order the Comune di Montorio al Vomano to pay the
             was prohibited from working)?                                     costs .
                                                                          Pleas in law and main arguments adduced in support:
The Arbeitsgericht requests the Court of Justice to give a
ruling, in the context of the questions referred by it, also
on the scope of clause 2 ( 6 ) of the Annex to Directive 96/              The object of this action, which is based on an arbitration
34/EC .                                                                   clause, is to recover financial assistance which the
                                                                          Commission granted the defendant so that it could
                                                                          construct ( a ) a 225 kW combined wind/diesel energy
(') OJ L 348 , 28 . 11 . 1992, p. 1 .                                     system with optimum power distribution ( contract No WE/
( 2 ) OJ L 145 , 19 . 6 . 1996 , p. 4 .
                                                                          147-85 ) and ( b ) a hydroelectric generator plant combined
                                                                          with a wind/diesel energy system ( contract No HY/149­
                                                                          85 ). The Commission decided to withdraw from the
                                                                          contracts, drawn up between the parties in accordance
                                                                          with Italian law, on account of the defendant's failure to
                                                                          perform its obligations thereunder.
Action brought on 24 September 1997 by the Commission
of the European Communities against the Comune di
                          Montorio al Vomano
                             ( Case C-334/97)
                                                                          Reference for preliminary ruling by the Arbeidshof te Ant­
                               ( 97/C 357/28 )                            werpen by judgment of that court of 17 September 1997
                                                                          in the case of Rijksdienst voor Pensioenen against Wim
                                                                                                     Westenborg
                                                                                                  Case C-335 /97 )
An action against the Comune di Montorio al Vomano
was brought before the Court of Justice of the European                                            ( 97/C 357/29
Communities on 24 September 1997 by the Commission
of the European Communities, represented by Paolo
Stancanelli of its Legal Service, assisted by Alberto Dal                 Reference has been made to the Court of Justice of the
Ferro, Avvocato, acting as Agents, with an address for                    European Communities by judgment of the Arbeidshof
service in Luxembourg at the office of Carlos Gomez de la                 (Higher Labour Court), Antwerp, of 17 September 1997,
Cruz, Wagner Centre, rue Alcide de Gasperi .                              received at the Court Registry on 26 September 1997, for