CELEX: C1996/269/37
Language: en
Date: 1996-09-14 00:00:00
Title: Appeal brought on 22 July 1996 by the European Parliament against the judgment delivered on 22 May 1996 by the Second Chamber of the Court of First Instance of the European Communities in Case T-140/94 between Enrique Gutiérrez de Quijano y Llorens and the European Parliament (Case C-252/96 P)

No C 269/ 18              EN                  Official Journal of the European Communities                                        14 . 9 . 96
2 . For the purposes of Article 119 does 'discrimination                 — uphold the contentions put forward by the European
       based on sex ' include discrimination based on the                    Parliament at first instance, namely that the Court
       employee 's sexual orientation ?                                      should :
3 . For the purpose of Article 119 , does ' discrimination                  — dismiss the application,
       based on sex' include discrimination based on the sex of
       that employee 's partner ?                                           — make an appropriate order as to costs ,
4 . If the answer to question 1 is yes, does an employee, to                     and
       whom such concessions are refused, enjoy a directly
       enforceable community right against his employer ?
                                                                         — as regards the proceedings before the Court of Justice,
                                                                             also make an appropriate order as to costs .
5 . Is such a refusal contrary to the provisions of Council
       Directive 76/207/EEC ( 2 )?
                                                                         Pleas in law and main arguments adduced in support:
6 . Is it open to an employer to justify such refusal if he can
       show ( a ) that the purpose of the concessions in question        — Inadmissibility of the ground of annulment of the Court
       is to confer benefits on married partners or partners in              of First Instance : the ground of annulment based on the
       an equivalent position to married partners and ( b ) that             formal difference between Competitions No PE/LA/91
       relationships between same-sex cohabiting partners                    and No PE/161 /LA was never relied on by the applicant
       have not traditionally been, and are not generally,                   at first instance . It would at least be illogical to prohibit
       regarded by society as equivalent to marriage, rather                 the applicant from putting forward new grounds during
       than on the basis of an economic or organizational                    the proceedings while allowing the Court of First
       reason relating to the employment in question ?                       Instance to do so of its own motion .
(') Council Directive 75/ 117/EEC of 10 February 1975 on the
      approximation of the laws of the Member States relating to the     — Absence of an act adversely affecting the official and lack
      application of the principle of equal pay for men and women            of legal interest in bringing the action : the official
      ( OJ No L 45 , 19 . 2 . 1975 , p. 19 ).                                submitted his candidature only for Competition No
( 2 ) Council Directive 76/207/EEC of 9 February 1976 on the                 PE/LA/91 . It would be no less than surprising if a notice
      implementation of the principle of equal treatment for men and         of competition for which the potential candiate did not
      women as regards access to employment, vocational training             in fact apply were to be considered to be an act adversely
      and promotion , and working conditions ( Of No L 39 , 14 . 2 .         affecting him . It is hard to understand how, in the
      1976 , p. 40 ).                                                        present case , a competition for which the applicant at
                                                                             first instance did not submit his candidature, although
                                                                             he was fully able to do so since he fulfilled all the
                                                                             requirements for acceptance , could in any way affect his
                                                                             legal situation .
Appeal brought on 22 July 1996 by the European
Parliament against the judgment delivered on 22 May 1996                 — Lack of repercussion of the differences between the two
by the Second Chamber of the Court of First Instance of the                  notices on the review of Mr Gutierrez Quijano's
European Communities in Case T-140/94 between Enrique                        application or on the selection of the candidates
Gutierrez de Quijano y Llorens and the European                              eventually accepted .
                                 Parliament
                          ( Case C-252/96 P )
                              ( 96/C 269/37 )
An appeal against the judgment delivered on 22 May 1996
by the Second Chamber of the Court of First Instance of the
European Communities in Case T-140/94 between Enrique                    Appeal brought on 23 July 1996 by the Council of the
Gutierrez de Quijano y Llorens and the European                          European Union against the judgment delivered on 26 June
Parliament was brought before the Court of Justice of the                1996 by the Second Chamber of the Court of First Instance
European Communities on 22 July 1996 by the European                     of the European Communities in Case T-91/95 between
Parliament, represented by Manfred Peter , Head of                       L. de Nil and C. Impens and the Council of the European
Division, and Jose Luis Rufas Quintana , of its Legal Service,                                           Union
with an address for service in Luxembourg at the Secretariat                                     ( Case C-259/96 P )
of the European Parliament .
                                                                                                    ( 96/C 269/38 )
The applicant claims that the Court should :
                                                                         An appeal against the judgment delivered on 26 June 1996
— set aside the judgment in Case T-140/94 Enrique                        by the Second Chamber of the Court of First Instance of the
        Gutiérrez de Quijano y Llorens v . Parliament (1 996 ),          European Communities in Case T-91 /95 between L. de Nil