CELEX: C1998/007/08
Language: en
Date: 1998-01-10 00:00:00
Title: JUDGMENT OF THE COURT of 11 November 1997 in Case C-409/95 (reference for a preliminary ruling from the Verwaltungsgericht Gelsenkirchen): Hellmut Marschall v. Land Nordrhein-Westfalen (Equal treatment of men and women - Equally qualified male and female candidates - Priority for female candidates - Saving clause)

C 7/4                 EN                 Official Journal of the European Communities                                     10. 1. 98
              JUDGMENT OF THE COURT                                      arrangements for products subject to excise duty and
                                                                         on the holding, movement and monitoring of such
                    of 11 November 1997
                                                                         products, even though that person has not brought an
in Case C-408/95 (reference for a preliminary ruling                     action for annulment of those provisions pursuant to
from the Tribunal de Commerce, Paris): Eurotunnel SA                     Article 173 of the EC Treaty and even though a court
and Others v. SeaFrance, formerly SocieÂteÂ Nouvelle                     of another Member State has already given judgment
d'Armement Transmanche SA (SNAT), interveners:                           in separate proceedings.
International Duty Free Confederation (IDFC) and
                           Others (1)
                                                                    2. Consideration of the questions has not disclosed any
(Transitional arrangements for tax-free shops Ð Council                  factor of such a kind as to affect the validity of
Directives 91/680/EEC and 92/12/EEC Ð Assessment of                      Article 1 (22) of Directive 91/680/EEC or Article 28
                            validity)                                    of Directive 92/12/EEC.
                          (98/C 7/07)
                                                                    (1) OJ C 46, 17. 2. 1996.
               (Language of the case: French)
 (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                  JUDGMENT OF THE COURT
                                                                                         of 11 November 1997
                                                                    in Case C-409/95 (reference for a preliminary ruling from
In Case C-408/95: reference to the Court under Article 177
                                                                    the Verwaltungsgericht Gelsenkirchen): Hellmut Marschall
of the EC Treaty from the Tribunal de Commerce
                                                                                   v. Land Nordrhein-Westfalen (1)
(Commercial Court), Paris, for a preliminary ruling in the
proceedings pending before that court between Eurotunnel            (Equal treatment of men and women Ð Equally qualified
SA and Others and SeaFrance, formerly SocieÂteÂ Nouvelle            male and female candidates Ð Priority for female
d'Armement Transmanche SA (SNAT), interveners:                                        candidates Ð Saving clause)
International Duty Free Confederation (IDFC), Airport
Operators Association Ltd (AOA), Bretagne Angleterre                                          (98/C 7/08)
Irlande SA (BAI), trading as Brittany Ferries, Passenger
Shipping Association Ltd (PSA) Ð on the validity of the                            (Language of the case: German)
transitional arrangements for tax-free shops under
Article 28k of the Sixth Council Directive 77/388/EEC of
17 May 1977 on the harmonization of the laws of the                   (Provisional translation; the definitive translation will be
Member States relating to turnover taxes Ð Common                             published in the European Court Reports)
system of value added tax: uniform basis of assessment
(OJ L 145, 13. 6. 1977, p. 1), as inserted by Article 1 (22)
                                                                    In Case C-409/95: reference to the Court under Article 177
of Council Directive 91/680/EEC of 16 December 1991
                                                                    of the EC Treaty from the Verwaltungsgericht
supplementing the common system of value added tax and
                                                                    (Administrative Court) Gelsenkirchen (Germany), for a
amending Directive 77/388/EEC with a view to the
                                                                    preliminary ruling in the proceedings pending before that
abolition of fiscal frontiers (OJ L 376, 31. 12. 1991, p. 1),
                                                                    court between Hellmut Marschall and Land Nordrhein-
and under Article 28 of Council Directive 92/12/EEC of
                                                                    Westfalen Ð on the interpretation of Article 2 (1) and (4)
25 February 1992 on the general arrangements for
                                                                    of Council Directive 76/207/EEC of 9 February 1976 on
products subject to excise duty and on the holding,
                                                                    the implementation of the principle of equal treatment for
movement and monitoring of such products (OJ L 76,
                                                                    men and women as regards access to employment,
23. 3. 1992, p. 1) Ð the Court, composed of: G. C.
                                                                    vocational training and promotion, and working
Rodríguez Iglesias, President, C. Gulmann, H. Ragnemalm
                                                                    conditions (OJ L 39, 14. 2. 1976, p. 40) Ð the Court,
(Rapporteur), M. Wathelet (Presidents of Chambers), G. F.
                                                                    composed of: G. C. Rodríguez Iglesias, President, C.
Mancini, J. C. Moitinho de Almeida, P. J. G. Kapteyn, J. L.
                                                                    Gulmann, H. Ragnemalm and M. Wathelet (Presidents of
Murray, D. A. O. Edward, J.-P. Puissochet, G. Hirsch, P.
                                                                    Chambers), G. F. Mancini, J. C. Moitinho de Almeida,
Jann and L. Sevón, Judges; G. Tesauro, Advocate-General;
                                                                    P. J. G. Kapteyn (Rapporteur), J. L. Murray, D. A. O.
R. Grass, Registrar, has given a judgment on 11 November
                                                                    Edward, J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón,
1997, in which it has ruled:
                                                                    Judges; F. G. Jacobs, Advocate-General; H. A. Rühl,
                                                                    Principal Administrator, for the Registrar, has given a
                                                                    judgment on 11 November 1997, in which it has ruled:
1. A natural or legal person may challenge before a
    national court the validity of provisions in directives,
    such as Article 1 (22) of Council Directive 91/680/             A national rule which, in a case where there are fewer
    EEC of 16 December 1991 supplementing the                       women than men at the level of the relevant post in a
    common system of value added tax and amending                   sector of the public service and both female and male
    Directive 77/388/EEC with a view to the abolition of            candidates for the post are equally qualified in terms of
    fiscal frontiers and Article 28 of Council Directive            their suitability, competence and professional performance,
    92/12/EEC of 25 February 1992 on the general                    requires that priority be given to the promotion of female
 ---pagebreak--- 10. 1. 98             EN                  Official Journal of the European Communities                                        C 7/5
candidates unless reasons specific to an individual male             1. declares that, by failing to adopt within the periods
candidate tilt the balance in his favour is not precluded by              prescribed the measures necessary to comply with:
Article 2 (1) and (4) of Council Directive 76/207/EEC of
9 February 1976, on the implementation of the principle
of equal treatment for men and women as regards access                    Ð Council Directive 91/157/EEC of 18 March 1991
to employment, vocational training and promotion, and                         on batteries and accumulators containing certain
working conditions, provided that:                                            dangerous substances, and
Ð in each individual case the rule provides for male                      Ð Commission Directive 93/86/EEC of 4 October
     candidates who are equally as qualified as the female                    1993 adapting to technical progress Directive 91/
     candidates a guarantee that the candidatures will be                     157/EEC,
     the subject of an objective assessment which will take
     account of all criteria specific to the candidates and
     will override the priority accorded to female                        the Federal Republic of Germany has failed to comply
     candidates where one or more of those criteria tilts the             with its obligations under Article 11 (1) of Directive
     balance in favour of the male candidate, and                         91/157/EEC and Article 7 (1) of Directive 93/86/EEC;
Ð such criteria are not such as to discriminate against              2. orders the Federal Republic of Germany to pay the
     the female candidates.                                               costs.
(1) OJ C 46, 17. 2. 1996.
                                                                     (1) OJ C 269, 14. 9. 1996.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)                                             JUDGMENT OF THE COURT
                                                                                             (First Chamber)
                     of 13 November 1997
in    Case C-236/96: Commission of the European                                          of 20 November 1997
      Communities v. Federal Republic of Germany (1)                 in Case C-338/95 (reference for a preliminary ruling from
(Failure to fulfil obligations Ð Failure to transpose                the Bundesfinanzhof): Wiener SI GmbH v. Hauptzollamt
           Directives 91/157/EEC and 93/86/EEC)                                               Emmerich (1)
                          (98/C 7/09)                                (Common Customs Tariff Ð Tariff heading Ð Nightdress)
                                                                                               (98/C 7/10)
               (Language of the case: German)
                                                                                    (Language of the case: German)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-236/96: Commission of the European                                   published in the European Court Reports)
Communities (Agent: Götz zur Hausen) v. Federal
Republic of Germany (Agents: Ernst Röder and Bernd
Kloke) Ð application for a declaration that, by failing to           In Case C-338/95: reference to the Court under Article 177
adopt within the periods prescribed the measures                     of the EC Treaty from the Bundesfinanzhof (Germany) for
necessary to comply with Council Directive 91/157/EEC                a preliminary ruling in the proceedings pending before
of 18 March 1991 on batteries and accumulators                       that court between Wiener SI GmbH and Hauptzollamt
containing certain dangerous substances (OJ L 78, 26. 3.             Emmerich Ð on the interpretation of subheading 60.04 B
1991, p. 38), and Commission Directive 93/86/EEC of                  IV b 2 bb of the Common Customs Tariff, in the version
4 October 1993 adapting to technical progress Directive              resulting from Council Regulation (EEC) No 3400/84 of
91/157/EEC (OJ L 264, 23. 10. 1993, p. 51), the Federal              27 November 1984 amending Regulation (EEC) No 950/
Republic of Germany has failed to comply with its                    68 on the Common Customs Tariff (OJ L 320, 10. 12.
obligations under the Treaty Ð the Court (Fifth                      1984, p. 1) Ð the Court (First Chamber), composed of:
Chamber), composed of: C. Gulmann (Rapporteur),                      M. Wathelet (Rapporteur), President of the Chamber, P.
President of the Chamber, J. C. Moitinho de Almeida,                 Jann and L. Sevón, Judges; F. G. Jacobs, Advocate-
D. A. O. Edward, J.-P. Puissochet and P. Jann, Judges;               General; L. Hewlett, Administrator, for the Registrar, has
F. G. Jacobs, Advocate-General; R. Grass, Registrar, has             given a judgment on 20 November 1997, the operative
given a judgment on 13 November 1997, in which it:                   part of which is as follows: