CELEX: C1997/357/07
Language: en
Date: 1997-11-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 2 October 1997 in Case C-259/95: European Parliament v. Council of the European Union, supported by Kingdom of Sweden and Commission of the European Communities (Annulment of Council Decision No 95/184/EC - Prerogatives of the Parliament)

C 357/4                Hen-!                   Official Journal of the European Communities                                      22 . 11 . 97
     the hours worked are between one half and two thirds                 the President of the Sixth Chamber, P. J. G. Kapteyn and
     of normal working hours are counted only as two                      G. Hirsch, Judges; A. La Pergola, Advocate-General; H. A.
     thirds of normal working hours does not fall with the                Riihl, Principal Administrator, for the Registrar, has given
     scope of Article 119 of the Treaty or of Council                     a judgment on 2 October 1997, in which it has ruled:
     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            Article 3 (1 ) of Council Directive 76/207/EEC of
     for men and women.                                                   9 February 1976 on the implementation of the principle of
                                                                          equal treatment for men and women as regards access to
                                                                          employment, vocational training and promotion, and
3 . Council Directive 76/207/EEC of 9 February 1976 on                    working conditions precludes, in cases where far more
     the implementation of the principle of equal treatment               women will be affected than men, national legislation
     for men and women as, regards access to employment,                  which provides that, in the case of part-time employment
     vocational training and promotion, and working                       involving working hours of no less than one half of
     conditions precludes national legislation which                      normal working hours, the total length of professional
     requires that, for the purposes of calculating the length            experience required for exemption from the qualifying
     of service of public servants, periods of employment                 examination for tax advisers is to be extended on a pro
     during which the hours worked are between one half                   rata basis, save where such legislation is justified by
     and two thirds of normal working hours are counted                   objective factors unrelated to any discrimination on
     only as two thirds of normal working hours, save                     grounds of sex.
     where such legislation is justified by objective criteria
     unrelated to any discrimination on grounds of sex.                   (') OJ C 137, 3 . 6 . 1995 .
(') OJ C 54 , 4 . 3 . 1995 .
                                                                                         JUDGMENT OF THE COURT
                                                                                                    ( Sixth Chamber)
                 JUDGMENT OF THE COURT
                                                                                                  of 2 October 1997
                             ( Sixth Chamber)
                          of 2 October 1997                               in Case C-259/95 : European Parliament v. Council of the
                                                                          European Union, supported by Kingdom of Sweden and
in Case C-100/95 (reference for a preliminary ruling from                         Commission of the European Communities (')
the Finanzgericht Bremen ): Brigitte Kording v. Senator fiir
                                 Finanzen (')                              (Annulment of Council Decision No 95/184/EC —
                                                                                           Prerogatives of the Parliament)
(Equal treatment for men and women — Public servant —
Part-time employment — Right of exemption from a                                                       ( 97/C 357/07 )
qualifiying examination for entry to a profession —
                       Indirect discrimination)
                                                                                           (Language of the case: French)
                               ( 97/C 357/06 )
                                                                             (Provisional translation; the definitive translation will be
                  (Language of the case: German)                                    published in the European Court Reports)
   (Provisional translation; the definitive translation will be            In Case C-259/95 : European Parliament ( Agents: Christian
           published in the European Court Reports)                        Pennera and Auke Baas ) v. Council of the European Union
                                                                           ( Agent: Guus Houttuin ), supported by Kingdom of
                                                                           Sweden ( Agent: Lotty Nordling) and Commission of the
In Case C-100/95 : reference to the Court under Article 177                European Communities ( Agents: John Forman and
of the EC Treaty from the Finanzgericht ( Finance Court),                  Dominique Maidani ) — application for the annulment of
Bremen ( Germany ), for a preliminary ruling in the                        Council Decision No 95/ 184/EC of 22 May 1995
proceedings pending before that court between Brigitte                     amending Decision No 3092/94/EC introducing a
Kording and Senator fiir Finanzen — on the interpretation                  Community system of information on home and leisure
of Article 3 ( 1 ) of Council Directive 76/207/EEC of                      accidents ( OJ L 120, 31 . 5 . 1995 , p. 36 ) — the Court
9 February 1976 on the implementation of the principle of                  ( Sixth Chamber), composed of: G. F. Mancini, President
equal treatment for men and women as regards access to                     of the Chamber, J. L. Murray, G. Hirsch ( Rapporteur), H.
employment, vocational training and promotion, and                         Ragnemalm and R. Schintgen, Judges; A. La Pergola,
working conditions ( OJ L 39, 14 . 2 . 1976, p. 40 ) — the                 Advocate-General;            H.    von      Holstein,   Assistant
Court ( Sixth Chamber ), composed of: J. L. Murray                         Administrator, for the Registrar, has given a judgment on
 ( Rapporteur ), President of the Fourth Chamber, acting for               2 October 1997, in which it:
 ---pagebreak--- 22 . 11 . 97           I EN I               Official Journal of the European Communities                                       C 357/5
1 . dismisses the application;                                                        JUDGMENT OF THE COURT
                                                                                                 ( Sixth Chamber)
2 . orders the European Parliament to pay the costs;
                                                                                                of 2 October 1997
3 . orders the Kingdom of Sweden and the Commission to                 in Case C- 144/96 ( reference for a preliminary ruling from
     bear their own costs .                                            the Cour du Travail de Bruxelles ): Office National des
                                                                                    Pensions ( ONP) v. Maria Cirotti (')
(') OJ C 248 , 23 . 9 . 1995 .
                                                                       (Social security — Articles 46 and 51 of Regulation (EEC)
                                                                                                    No 1408/71 )
                                                                                                   ( 97/C 357/09 )
               JUDGMENT OF THE COURT                                                   (Language of the case: French)
                          ( Sixth Chamber)
                         of 2 October 1997
in Case C-122/96 (reference for a preliminary ruling from                 (Provisional translation; the definitive translation will be
the Oberster Gerichtshof): Stephen Austin Saldanha and                           published in the European Court Reports)
    MTS Securities Corporation v. Hiross Holding AG ( 1 )
(Equal treatment — Discrimination on grounds of
nationality — Dual nationality — Scope of application of               In Case C- 144/96 : reference to the Court under Article 177
                the Treaty — Security for costs)                       of the EC Treaty from the Cour du Travail de Bruxelles
                                                                       ( Higher Labour Court, Brussels ) for a preliminary ruling
                            ( 97/C 357/08 )
                                                                       in the proceedings pending before that court between
                                                                       Office National des Pensions ( ONP) and Maria Cirotti —
                (Language of the case: German)                         on the interpretation of Articles 46 and 51 of Regulation
                                                                       ( EEC ) No 1408/71 of the Council of 14 June 1971 on the
                                                                       application of social security schemes to employed
  (Provisional translation; the definitive translation will be         persons, to self-employed persons and to members of their
           published in the European Court Reports)                    families moving within the Community ( OJ, English
                                                                       Special Edition 1971 ( II ), p. 416 ), as amended and
In Case C-122/96 : reference to the Court under Article 177            updated by Council Regulation ( EEC ) No 2001 /83 of
of the EC Treaty from the Oberster Gerichtshof ( Austrian              2 June 1983 ( OJ L 230, 22 . 8 . 1983 , p. 6 ) — the Court
                                                                       ( Sixth Chamber ), composed of: G. F. Mancini, President
Supreme Court ) for a preliminary ruling in the
proceedings pending before that court between Stephen
                                                                       of the Chamber, J. L. Murray ( Rapporteur), P. J. G.
                                                                       Kapteyn, G. Hirsch and H. Ragnemalm, Judges; F. G.
Austin Saldanha and MTS Securities Corporation and
Hiross Holding AG — on the interpretation of the first                 Jacobs, Advocate-General; H. A. Riihl, Principal
paragraph of Article 6 of the EC Treaty — the Court                    Administrator, for the Registrar, has given a judgment on
                                                                       2 October 1997, in which it has ruled:
( Sixth Chamber ), composed of: G. F. Mancini, President
of the Chamber, P. J. G. Kapteyn ( Rapporteur ) and H.
Ragnemalm, Judges; A. La Pergola, Advocate-General;
H. A. Riihl, Principal Administrator, for the Registrar, has           Articles 46 and 51 (1 ) of Regulation (EEC) No 1408/71
given a judgment on 2 October 1997, in which it has                    of the Council of 14 June 1971 on the application of
ruled :                                                                social security schemes to employed persons, to self­
                                                                       employed persons and to members of their families
The first paragraph of Article 6 of the EC Treaty must be              moving within the Community, as amended and updated
construed as precluding a Member State from requiring                  by Council Regulation (EEC) No 2001 /83 of 2 June 1983,
provision of security for costs by a national of another               must be interpreted as precluding the share of an
Member State who is also a national of a non-member                    employed person 's old-age pension granted to that
country, in which he is resident, where that national, who             person 's separated spouse under the legislation of a
is not resident and has no assets in the first Member State,           Member State from being recalculated by reference to
                                                                       alterations arising from general economic and social
has brought proceedings before one of its civil courts in
his capacity as a shareholder against a company                        developments in an invalidity benefit received by that
established in that Member State, if such a requirement is             separated spouse under the legislation of another Member
                                                                       State.
not imposed on its own nationals who are not resident
and have no assets there.
                                                                        (') OJ C 180, 22 . 6 . 1996 .
(') OJ C 180, 22 . 6 . 1996 .