CELEX: C1999/020/14
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT of 1 December 1998 in Case C-326/96 (reference for a preliminary ruling from the Employment Appeal Tribunal, London: B. S. Levez v. T. H. Jennings (Harlow Pools) Ltd (Social policy - Men and women - Equal pay - Article 119 of the EC Treaty - Directive 75/117/EEC - Remedies for breach of the prohibition on discrimination - Pay arrears - Domestic legislation placing a two-year limit on awards for the period prior to the institution of proceedings - Similar domestic actions)

23.1.1999             EN                Official Journal of the European Communities                                  C 20/9
3.8.1979, p. 1), Articles 3 and 5 of Council Regulation                          JUDGMENT OF THE COURT
(EEC) No 1854/89 of 14 June 1989 on the entry in the
accounts and terms of payment of the amounts of the                                    of 1 December 1998
import duties or export duties resulting from a customs
debt (OJ L 186, 30.6.1989, p. 1), and of Commission
Regulation (EEC) No 1591/92 of 22 June 1992                        in Case C-326/96 (reference for a preliminary ruling from
introducing a countervailing charge on cherries originating        the Employment Appeal Tribunal, London: B. S. Levez v.
in Bulgaria (OJ L 168, 23.6.1992, p. 18) Ð the Court                          T. H. Jennings (Harlow Pools) Ltd (1)
(Second Chamber), composed of: G. Hirsch (Rapporteur),
President of Chamber, G. F. Mancini and R. Schintgen,              (Social policy Ð Men and women Ð Equal pay Ð
Judges; N. Fennelly, Advocate-General; L. Hewlett,                 Article 119 of the EC Treaty Ð Directive 75/117/EEC Ð
Administrator, for the Registrar, has given a judgment on          Remedies for breach of the prohibition on discrimination
26 November 1998 in which it has ruled:                            Ð Pay arrears Ð Domestic legislation placing a two-year
                                                                   limit on awards for the period prior to the institution of
                                                                            proceedings Ð Similar domestic actions)
1. The countervailing charge imposed by Commission                                        (1999/C 20/14)
    Regulation (EEC) No 1591/92 of 22 June 1992
    introducing a countervailing charge on cherries
    originating in Bulgaria also applies to cherries
    intended for industrial processing.
                                                                                  (Language of the case: English)
2. A trader who has accumulated some experience of
    import and export transactions and who is aware, in
    particular, of the imminent risk of a countervailing
    charge being introduced cannot, if that charge is
    actually introduced, benefit from the provisions of
    Article 5(2) of Council Regulation (EEC) No 1697/79            In Case C-326/96: reference to the Court under Article 177
    of 24 July 1979 on the post-clearance recovery of              of the EC Treaty by the Employment Appeal Tribunal,
    import duties or export duties which have not been             London, for a preliminary ruling in the proceedings
    required of the person liable for payment on goods             pending before that court between B. S. Levez and T. H.
    entered for a customs procedure involving the                  Jennings (Harlow Pools) Ltd Ð on the interpretation of
    obligation to pay such duties or of Article 13 of              Article 119 of the EC Treaty, and Articles 2 and 6 of
    Council Regulation (EEC) No 1430/79 of 2 July 1979             Council Directive 75/117/EEC of 10 February 1975 on the
    on the repayment or remission of import or export              approximation of the laws of the Member States relating
    duties if he could have informed himself as to the             to the application of the principle of equal pay for men
    actual introduction of the charge by consulting the            and women (OJ L 45, 19.2.1975, p. 19) Ð the Court,
    Official Journal of the European Communities and               composed of: G. C. Rodríguez Iglesias, President, J.-P.
    failed to do so.                                               Puissochet, G. Hirsch and P. Jann, Presidents of
                                                                   Chambers, G. F. Mancini (Rapporteur), J. C. Moitinho de
                                                                   Almeida, J. L. Murray, D. A. O. Edward, H. Ragnemalm,
                                                                   R. Schintgen and K. M. Ioannou, Judges; P. LeÂger,
                                                                   Advocate-General; H. A. Rühl, Principal Administrator,
3. Failure to observe the time-limits laid down in                 for the Registrar, has given a judgment on 1 December
    Articles 3 and 5 of Council Regulation (EEC)                   1998 in which it has ruled:
    No 1854/89 of 14 June 1989 on the entry in the
    accounts and terms of payment of the amounts of the
    import duties or export duties resulting from a
    customs debt does not nullify the right of competent
    customs authorities to proceed with the post-clearance
    recovery of customs duties, provided that it is carried
    out within the time-limit laid down in Article 2(1) of         1. Community law precludes the application of a rule of
    Regulation (EEC) No 1697/79.                                       national law which limits an employee's entitlement to
                                                                       arrears of remuneration or damages for breach of the
                                                                       principle of equal pay to a period of two years prior
(1) OJ C 74, 8.3.1997.                                                 to the date on which the proceedings were instituted,
                                                                       there being no possibility of extending that period,
                                                                       where the delay in bringing a claim is attributable to
                                                                       the fact that the employer deliberately misrepresented
                                                                       to the employee the level of remuneration received by
                                                                       persons of the opposite sex performing like work.
 ---pagebreak--- C 20/10               EN                  Official Journal of the European Communities                                    23.1.1999
2. Community law precludes the application of a rule of              Schintgen and K. M. Ioannou, Judges; J. Mischo,
     national law which limits an employee's entitlement to          Advocate-General; L. Hewlett, Administrator, for the
     arrears of remuneration or damages for breach of the            Registrar, has given a judgment on 1 December 1998 in
     principle of equal pay to a period of two years prior           which it has ruled:
     to the date on which the proceedings were instituted,
     even when another remedy is available, if the latter is
     likely to entail procedural rules or other conditions
     which are less favourable than those applicable to              It is contrary to Article 59 of the EC Treaty and to
     similar domestic actions. It is for the national court to       Second Council Directive 89/646/EEC of 15 December
     determine whether that is the case.                             1989 on th coordination of laws, regulations and
                                                                     administrative provisions relating to the taking up and
                                                                     pursuit of the business of credit institutions and amending
(1) OJ C 354, 23.11.1996.                                            Directive 77/780/EEC and Council Directive 92/49/EEC
                                                                     of 18 June 1992 on the coordination of laws, regulations
                                                                     and administrative provisions relating to direct insurance
                                                                     other than life assurance and amending Directives
                                                                     73/239/EEC and 88/357/EEC (third non-life insurance
                                                                     Directive) for national rules to require, with a view to
                                                                     implementing Article 7 of Council Directive 90/314/EEC
                                                                     of 13 June 1990 on package travel, package holidays and
               JUDGMENT OF THE COURT                                 package tours, that, where financial security is provided
                                                                     by a credit institution or insurance company situated in
                     of 1 December 1998                              another Member State, the guarantor must conclude an
                                                                     agreement with a credit institution or insurance company
in Case C-410/96 (reference for a preliminary ruling from            situated in France.
the Tribunal de Grande Instance, Metz): Criminal
             proceedings against AndreÂ Ambry (1)
                                                                     (1) OJ C 74, 8.3.1997.
(Freedom to provide services Ð Free movement of capital
Ð Provision of financial security Ð Travel agency
arranging the security required to carry on its activities
with a credit institution or insurance company established
                  in another Member State)
                        (1999/C 20/15)
                                                                                    JUDGMENT OF THE COURT
                                                                                            (Fifth Chamber)
                (Language of the case: French)
                                                                                          of 1 December 1998
                                                                     in Case C-200/97: (reference for a preliminary ruling from
                                                                     Corte Suprema di Cassazione): Ecotrade Srl v. Altiforni e
  (Provisional translation; the definitive translation will be                      Ferriere di Servola SpA (AFS) (1)
          published in the European Court Reports)
                                                                     (State aid Ð Definition Ð Advantage conferred without
                                                                     any transfer of public funds Ð Insolvent undertakings Ð
                                                                     Article 92 of the EC Treaty Ð Article 4(c) of the ECSC
In Case C-410/96: reference to the Court under Article 177                                       Treaty)
of the EC Treaty by the Tribunal de Grande Instance,
Metz (France) for a preliminary ruling in the criminal                                       (1999/C 20/16)
proceedings pending before that court against AndreÂ
Ambry Ð on the interpretation of Articles 59 and 73(b) of
the EC Treaty, of Council Directive 73/183/EEC of 28 June
                                                                                     (Language of the case: Italian)
1973 on the abolition of restrictions on freedom of
establishment and freedom to provide services in respect
of self-employed activities of banks and other financial
institutions (OJ L 194, 16.7.1973, p. 1) and of Second
Council Directive 89/646/EEC of 15 December 1989 on                    (Provisional translation; the definitive translation will be
the coordination of laws, regulations and administrative                       published in the European Court Reports)
provisions relating to the taking up and pursuit of the
business of credit institutions and amending Directive
77/780/EEC (OJ L 386, 30.12.1989, p. 1) Ð the Court,
composed of: G. C. Rodríguez Iglesias, President, P. J. G.           In Case C-200/97: reference to the Court under Article 177
Kapteyn, J.-P. Puissochet and G. Hirsch, Presidents of               of the EC Treaty by the Corte Suprema di Cassazione
Chambers, G. F. Mancini, J. C. Moitinho de Almeida, C.               (Italy) for a preliminary ruling in the proceedings pending
Gulmann, H. Ragnemalm (Rapporteur), M. Wathelet, R.                  before that court between Ecotrade Srl and Altiforni e