CELEX: C1995/315/05
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT of 17 October 1995 in Case C-478/93: Kingdom of the Netherlands v. Commission of the European Communities (Bananas - Import system - Category A and Category B operators)

25 . 11 . 95           EN                  Official Journal of the European Communities                                  No C 315/3
pending before that court between Eckhard Kalanke and                 Communities ( Agents : E. de March and T. van Rijn ) —
Freie Hansestadt Bremen , supported by Heike Glifimann —              application for the annulment of Commission Regulation
on the interpretation of Article 2 ( 1 ) and ( 4 ) of Council         ( EEC ) No 2920/93 of 22 October 1993 fixing the uniform
Directive 76/207/EEC of 9 February 1976 on the                        reduction coefficient for determining the quantities of
implementation of the principle of equal treatment for men            bananas to be allocated to each operator in Categories A and
and women as regards access to employment, vocational                 B in the context of the tariff quota for the second half of
training and promotion , and working conditions ( OJ 1976             1993 ( OJ 1993 L 264 , p. 40 ) — the Court, composed of:
L 39 , p. 40 ) — the Court, composed of: G. C. Rodriguez              G. C. Rodriguez Iglesias , President, C. N. Kakouris , D. A. O.
Iglesias , President, C. N. Kakouris, D. A. O. Edward, J. -P.         Edward and G. Hirsch ( Presidents of Chambers ), G. F.
Puissochet and G. Flirsch ( Presidents of Chambers ), G. F.           Mancini , F. A. Schockweiler ( Rapporteur ), J. C. Moitinho
Mancini , F. A. Schockweiler, J. C. Moitinho de Almeida , P.          de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L. Murray and
J. G. Kapteyn ( Rapporteur ), C. Gulmann and J. L. Murray,            L. Sevon , Judges; M. B. Elmer, Advocate-General ; H. von
Judges ; G. Tesauro , Advocate-General ; H. A. Ruhl ,                 Holstein , Deputy Registrar, for the Registrar, has given a
Principal Administrator, for the Registrar, gave a judgment           judgment on 17 October 1995 , in which it :
on 17 October 1995 , the operative part of which is as
follows :
                                                                      1 . Dismisses the action ;
Article 2 (\) and (4) of Council Directive 76/207/EEC of
9 February 1976 on the implementation of the principle of             2 . Orders the Kingdom of the Netherlands to pay the
equal treatment for men and women as regards access to                     costs .
employment, vocational training and promotion, and
working conditions precludes national rules such as those in
the present case which , where candidates of different sexes          (') O J No C 43 , 12 . 2 . 1994 .
shortlisted for promotion are equally qualified,
automatically give priority to women in sectors where they
are under-represented, under-representation being deemed
to exist when women do not make up at least halfofthe staff
in the individual pay brackets in the relevant personnel
group or in the function levels provided for in the
organization chart.
(') O J No C 27 , 28 . 1 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             of 17 October 1995
                                                                      in Case C-44/94 ( reference for a preliminary ruling from the
                                                                      Divisional Court of the Queen 's Bench Division of the High
                                                                      Court of Justice ): The Queen v. Minister of Agriculture,
                                                                      Fisheries and Food, ex-parte National Federation of
                                                                      Fishermen 's Organizations and Others , Federation of
                                                                            Highlands and Islands Fishermen and Others (')
                                                                       (Common fisheries policy — Multiannual guidance
                                                                       programmes — Limitation of the number of days at sea)
               JUDGMENT OF THE COURT                                                             (9 SIC 315 /06 )
                       of 17 October 1995
in Case C-478/93 : Kingdom of the Netherlands v.
       Commission of the European Communities (')                                    (Language of the case: English)
 (Bananas — Import system — Category A and Category B
                              operators)                              In Case C-44/94 : reference to the Court under Article 1 77 of
                           ( 95/C 315/05 )                            the EC Treaty from the Divisional Court of the Queen 's
                                                                       Bench Division of the High Court of Justice ( United
                                                                      Kingdom ) for a preliminary ruling in the proceedings
                 (Language of the case: Dutch)                        pending before that court between The Queen and the
                                                                       Minister of Agriculture, Fisheries and Food , ex-parte
                                                                      National Federation of Fishermen 's Organizations and
                                                                       Others , Federation of Highlands and Islands Fishermen and
 (Provisional translation ; the definitive translation will be         Others on the interpretaton of Articles 6 , 34 , 39 and 40 ( 3 )
          published in the European Court Reports)                     of the EC Treaty, Council Regulation ( EEC ) No 3759/92 of
                                                                       17 December 1992 on the common organization of the
                                                                       market in fishery and aquaculture products ( OJ 1992 L 388 ,
 In Case C-478/93 : Kingdom of the Netherlands ( Agents : A.           p. 1 ), Council Regulation ( FTC ) No 3760/92 of
 Bos and f . W. de Zwaan ) v. Commission of the European               20 December 1992 establishing a Community system for