CELEX: C1997/357/04
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT of 1 October 1997 in Case C-345/95: French Republic, supported by Grand Duchy of Luxembourg v. European Parliament (Seat of the institutions - European Parliament - Part-sessions)

22 . 11 . 97             EN                 Official Journal of the European Communities                                      C 357/3
     were granted that they were for a maximum of three                     sessions of the institution for 1996 to the extent that it
     years and restricted to specific work, in this case as a               does not provide for 1 2 ordinary plenary part-sessions
     specialist chef, for a specific employer.                              in Strasbourg in 1 996;
                                                                       2 . orders the Parliament to pay the costs;
3 . Article 6 (1 ) of Decision No 1 /80 is to be interpreted
     as requiring account to be taken, for the purpose of
     calculating the periods of legal employment referred to           3 . orders the Grand Duchy of Luxembourg to bear its
     in that provision, of short periods during which the                   own costs .
     Turkish worker did not hold a valid residence or work
     permit in the host Member State and which are not                 (') OJ C 351 , 30 . 12 . 1995 .
     covered by Article 6 (2) of that Decision, where the
     competent authorities of the host Member State have
     not called in question on that ground the legality of
     the residence of the worker in the country but have,
     on the contrary, issued him with a new residence or
     work permit.
                                                                                      JUDGMENT OF THE COURT
                                                                                                 ( Sixth Chamber)
(') OJ C 145 , 18 . 5 . 1996 .
                                                                                                of 2 October 1997
                                                                       in Case C-l/95 (reference for a preliminary ruling from
                                                                       the Bayerisches Verwaltungsgericht Ansbach): Hellen
                                                                                        Gerster v. Freistaat Bayern (')
                                                                       (Equal treatment for men and women — Public servant —
               JUDGMENT OF THE COURT                                    Part-time employment — Calculation of length of service)
                         of 1 October 1997                                                         ( 97/C 357/05 )
in Case C-345/95 : French Republic, supported by Grand
      Duchy of Luxembourg v. European Parliament (')                                   (Language of the case: German)
(Seat of the institutions — European Parliament — Part-
                                sessions)                                (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                            ( 97/C 357/04 )
                                                                       In Case C-l /95 : reference to the Court under Article 177
                 (Language of the case: French)                        of the EC Treaty from the Bayerisches Verwaltungsgericht
                                                                       ( Bavarian Administrative Court), Ansbach ( Germany), for
                                                                       a preliminary ruling in the proceedings pending before
                                                                       that court between Hellen Gerster and Freistaat Bayern —
  (Provisional translation; the definitive translation will be         on the interpretation of Article 119 of the EC Treaty,
          published in the European Court Reports)                     Council Directive 75/117/EEC of 10 February 1975 on the
                                                                       approximation of the laws of the Member States relating
                                                                       to the application of the principle of equal pay for men
In Case C-345/95 : French Republic ( Agents: Marc Perrin               and women ( OJ L 45, 19 . 2 . 1975 , p. 19 ) and Council
de Brichambaut and Denys Wibaux), supported by Grand                   Directive 76/207/EEC of 9 February 1976 on the
Duchy of Luxembourg (Agent: Nicolas Schmit ) v.                        implementation of the principle of equal treatment for
European Parliament ( Agent: Gregorio Garzón Clariana,                 men and women as regards access to employment,
assisted by Christian Pennera and Hans Krück ) —                       vocational training and promotion, and working
application for annulment of the vote of the European                  conditions ( OJ L 39, 14. 2. 1976, p. 40 ) — the Court
Parliament of 20 September 1995 adopting the calendar of               ( Sixth Chamber), composed of: J. L.Murray ( Rapporteur ),
part-sessions of the institution for 1996 — the Court,                 President of the Fourth Chamber, acting for the President
composed of: G. C. Rodriguez Iglesias, President, G. F.                of the Sixth Chamber, P. J. G. Kapteyn and G. Hirsch,
Mancini, J. C. Moitinho de Almeida, J. L. Murray and L.                Judges; A. La Pergola, Advocate-General; H. A. Rühl,
Sevón ( Presidents of Chambers ), C. N. Kakouris, P. J. G.             Principal Administrator, for the Registrar, has given a
Kapteyn, C. Gulmann, D. A. O. Edward, J. -P. Puissochet,               judgment on 2 October 1997, in which it has ruled:
G. Hirsch, P. Jann, H. Ragnemalm ( Rapporteur), M.
Wathelet and R. Schintgen, Judges; C. O. Lenz, Advocate-
General; H. von Holstein, Deputy Registrar, for the                    1 . Article 119 of the EC Treaty is to be interpreted as
Registrar, has given a judgment on 1 October 1997, in                       applying to employment relationships arising in the
which it:                                                                   public service.
                                                                       2 . A provision of national law which requires that, for
1 . annuls the vote of the European Parliament of                           the purposes of calculating the length of service of
     20 September 1995 adopting the calendar of part                        public servants, periods of employment during which