CELEX: C1998/209/12
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 30 April 1998 in Case C-136/95 (reference for a preliminary ruling from the French Cour de Cassation): Caisse Nationale d'Assurance Vieillesse des Travailleurs Salariés (CNAVTS) v. Évelyne Thibault (Equal treatment for men and women - Directive 76/207/EEC - Maternity leave - Right to an assessment of performance)

C 209/6               EN                  Official Journal of the European Communities                                       4.7.98
Cologne, Germany, for a preliminary ruling in the                    1. Article 85(1) of the EC Treaty precludes a supplier
proceedings pending before that court between                             established in a Member State of the Community from
Metronome Musik GmbH and Music Point Hokamp                               imposing on a distributor established in another
GmbH Ð on the validity of Article 1(1) of Council                         Member State to which the supplier entrusts the
Directive 92/100/EEC of 19 November 1992 on rental                        distribution of his products in a territory outside the
right and lending right and on certain rights related to                  Community a prohibition of making any sales in any
copyright in the field of intellectual property (OJ L 346 of              territory other than the contractual territory, including
27.11.1992, p. 61) Ð the Court, composed of: G. C.                        the territory of the Community, either by direct
Rodríguez Iglesias, President, C. Gulmann, H.                             marketing or by re-exportation from the contractual
Ragnemalm, M. Wathelet and R. Schintgen (Presidents of                    territory, if that prohibition has the effect of
Chambers), G. F. Mancini, J. C. Moitinho de Almeida,                      preventing, restricting or distorting competition within
P. J. G. Kapteyn, D. A. O. Edward, J.-P. Puissochet                       the Community and is liable to affect the pattern of
(Rapporteur), G. Hirsch, P. Jann and L. Sevón, Judges; G.                 trade between Member States. This might be the case
Tesauro, Advocate General; D. Louterman-Hubeau,                           where the Community market in the products in
Principal Administrator, for the Registrar, has given a                   question is characterised by an oligopolistic structure
judgment on 28 April 1998, in which it has ruled:                         or by an appreciable difference between the prices
                                                                          charged for the contractual product within the
                                                                          Community and those charged outside the Community
Examination of the question submitted has disclosed no                    and where, in view of the position occupied by the
factor of such a kind as to affect the validity of Article 1(1)           supplier of the products at issue and the extent of the
of Council Directive 92/100/EEC of 19 November 1992                       supplier's production and sales in the Member States,
on rental right and lending right and on certain rights                   the prohibition entails a risk that it might have an
related to copyright in the field of intellectual property.               appreciable effect on the pattern of trade between
                                                                          Member States such as to undermine attainment of the
(1) OJ C 233 of 10.8.1996.                                                objectives of the common market.
                                                                     2. Provisions intended to prevent a distributor from
                                                                          selling directly in the Community and re-exporting to
                                                                          the Community contractual products which the
                                                                          distributor has undertaken to sell in non-member
                                                                          countries do not escape the prohibition laid down in
              JUDGMENT OF THE COURT                                       Article 85(1) of the Treaty on the ground that the
                       of 28 April 1998                                   Community supplier of the products concerned
                                                                          distributes those products within the Community
in Case C-306/96: (reference for a preliminary ruling from                through a selective distribution network covered by an
the Court d'Appel de Versailles): Javico International and                exemption decision under Article 85(3) of the Treaty.
   Javico AG v. Yves Saint Laurent Parfums SA (YSLP) (1)
(Competition Ð Luxury cosmetic products Ð Selective                  (1) OJ C 336 of 9.11.1996.
distribution system Ð Obligation to export to a non-
member country Ð Prohibition of re-importation into,
            and of marketing in, the Community)
                        (98/C 209/11)
                                                                                     JUDGMENT OF THE COURT
               (Language of the case: French)                                                (Sixth Chamber)
                                                                                             of 30 April 1998
  (Provisional translation; the definitive translation will be       in Case C-136/95 (reference for a preliminary ruling from
         published in the European Court Reports)                    the French Cour de Cassation): Caisse Nationale d'Assu-
                                                                     rance Vieillesse des Travailleurs SalarieÂs (CNAVTS) v.
                                                                                           EÂvelyne Thibault (1)
In Case C-306/96: reference to the Court under Article 177
of the EC Treaty by the Cour d'Appel de Versailles                   (Equal treatment for men and women Ð Directive 76/
(France) for a preliminary ruling in the proceedings                 207/EEC Ð Maternity leave Ð Right to an assessment of
pending before that court between Javico International                                         performance)
and Javico AG and Yves Saint Laurent Parfums SA                                               (98/C 209/12)
(YSLP), on the interpretation of Article 85(1) of the EC
Treaty Ð the Court, composed of G. C. Rodríguez                                       (Language of the case: French)
Iglesias, President, C. Gulmann and R. Schintgen
(Rapporteur), Presidents of Chambers, G. F. Mancini, J. C.
Moitinho de Almeida, P. J. G. Kapteyn, D. A. O. Edward,                (Provisional translation; the definitive translation will be
J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón, Judges,                      published in the European Court Reports)
G. Tesauro, Advocate General; H. von Holstein,
Administrator, for the Registrar, has given a judgment on            In Case C-136/95: reference to the Court under Article 177
28 April 1998 in which it has ruled:                                 of the EC Treaty from the French Cour de Cassation
 ---pagebreak--- 4.7.98                EN                  Official Journal of the European Communities                                      C 209/7
(Court of Cassation) for a preliminary ruling in the pro-            D. A. O. Edward (Rapporteur), J.-P. Puissochet, G. Hirsch,
ceedings pending before that court between Caisse Natio-             P. Jann and L. Sevón, Judges; G. Tesauro, Advocate
nale d'Assurance Vieillesse des Travailleurs SalarieÂs               General; D. Louterman-Hubeau, Principal Administrator,
(CNAVTS) and EÂvelyne Thibault Ð on the interpretation               for the Registrar, has given a judgment on 30 April 1998,
of Council Directive 76/207/EEC of 9 February 1976 on                in which it has ruled:
the implementation of the principle of equal treatment for
men and women as regards access to employment,                       On a proper construction, Council Decision 89/688/EEC
vocational training and promotion, and working                       of 22 December 1989 concerning the dock dues in the
conditions (OJ L 39 of 14.2.1976, p. 40) Ð the Court                 French overseas departments precludes exemptions of a
(Sixth Chamber), composed of: H. Ragnemalm, President                general or systematic order, which would thus amount to
of the Chamber, R. Schintgen, G. F. Mancini, J. L. Murray            the reintroduction of a charge having an effect equivalent
(Rapporteur) and G. Hirsch, Judges; D. Ruiz-Jarabo                   to that of a customs duty. That decision does, however,
Colomer, Advocate General; D. Louterman-Hubeau,                      authorise exemptions which are necessary, proportionate
Principal Administrator, for the Registrar, has given a              and precisely determined and which respect the strict
judgment on 30 April 1998, in which it has ruled:                    conditions laid down in Article 2(3) thereof, interpreted in
                                                                     the light of the limits laid down in Article 226 of the EC
Articles 2(3) and 5(1) of Council Directive 76/207/EEC of            Treaty.
9 February 1976 on the implementation of the principle of
equal treatment for men and women as regards access to               (1) OJ C 95 of 30.3.1996.
employment, vocational training and promotion, and
working conditions preclude national rules which deprive
a woman of the right to an assessment of her performance
and, consequently, to the possibility of qualifying for
promotion because she was absent from the undertaking
on account of maternity leave.
                                                                                   JUDGMENT OF THE COURT
                                                                                            (Sixth Chamber)
(1) OJ C 189 of 22.7.1995.
                                                                                            of 30 April 1998
                                                                     in Joined Cases C-377/96 to C-384/96: (references for a
                                                                     preliminary ruling from the Belgian Hof van Cassatie/
                                                                     Cour de Cassation): August De Vriendt v. Rijksdienst
                                                                     voor Pensioenen, Rijksdienst voor Pensioenen v. ReneÂ van
              JUDGMENT OF THE COURT                                                     Looveren and Others (1)
                       of 30 April 1998                              (Directive 79/7/EEC Ð Equal treatment Ð Old-age and
                                                                     retirement pensions Ð Method of calculation Ð
in Joined Cases C-37/96 and C-38/96 (references for a                                       Pensionable age)
preliminary ruling from the Tribunal d'Instance, Paris):
Sodiprem SARL and Others (C-37/96) and Roger Albert                                          (98/C 209/14)
     SA (C-38/96) v. Direction GeÂneÂrale des Douanes (1)
(Dock dues (octroi de mer) Ð Fiscal rules applicable to                       (Language of the case: Dutch and French)
the French overseas departments Ð Decision 89/688/EEC
Ð Charges having an effect equivalent to a customs duty                (Provisional translation; the definitive translation will be
                     Ð Internal taxation)                                     published in the European Court Reports)
                        (98/C 209/13)
                                                                     In Joined Cases C-377/96 to C-384/96: references to the
               (Language of the case: French)                        Court under Article 177 of the EC Treaty by the Belgian
                                                                     Hof van Cassatie/Cour de Cassation for a preliminary
                                                                     ruling in the proceedings pending before that court
  (Provisional translation; the definitive translation will be       between August De Vriendt and Rijksdienst voor Pensioe-
         published in the European Court Reports)                    nen (C-377/96), Rijksdienst voor Pensioenen and ReneÂ van
                                                                     Looveren (C-378/96), Rijksdienst voor Pensioenen and
                                                                     Julien Grare (C-379/96), Rijksdienst voor Pensioenen and
In Joined Cases C-37/96 and C-38/96: references to the               Karel Boeykens (C-380/96), Rijksdienst voor Pensioenen
Court under Article 177 of the EC Treaty from the Tribu-             and Frans Serneels (C-381/96), Office National des Pen-
nal d'Instance (District Court), Paris, for a preliminary            sions (ONP) and Fredy Parotte (C-382/96), Office Natio-
ruling in the proceedings pending before that court                  nal des Pensions (ONP) and Camille Delbrouck (C-383/
between Sodiprem SARL and Others (C-37/96) and Roger                 96) and Office National des Pensions (ONP) and Henri
Albert SA (C-38/96) and Direction GeÂneÂrale des Douanes             Props (C-384/96) Ð on the interpretation of Article 7 of
Ð on the interpretation of Articles 9, 12 and 95 of the EC           Council Directive 79/7/EEC of 19 December 1978 on the
Treaty Ð the Court, composed of: G. C. Rodríguez                     progressive implementation of the principle of equal
Iglesias, President, C. Gulmann, H. Ragnemalm, M.                    treatment for men and women in matters of social security
Wathelet (Presidents of Chambers), G. F. Mancini, J. C.              (OJ L 6 of 10.1.1979, p. 24) Ð the Court (Sixth
Moitinho de Almeida, P. J. G. Kapteyn, J. L. Murray,                 Chamber), composed of H. Ragnemalm (Rapporteur),