CELEX: C2000/211/18
Language: en
Date: 2000-07-22 00:00:00
Title: Case C-190/00: Reference for a preliminary ruling by the Cour d'Appel de Paris (Ninth Chamber) by judgment of 15 May 2000 in the case of Edouard Balguerie, Bernard André Mercier and Patrick Thomas, and, as parties bearing civil liability, Société Balguerie, Société Pillet and Orkos Diffusion v Administration des Douanes; intervener: Ministère Public

22.7.2000              EN                    Official Journal of the European Communities                                           C 211/11
     of cocoa and sugar of OCT origin was possible without              Reference for a preliminary ruling by the Cour d’Appel
     limitation on the basis of Article 6 of Annex II to the            de Paris (Ninth Chamber) by judgment of 15 May 2000 in
     OCT Decision. The Commission seeks in Regulation                   the case of Edouard Balguerie, Bernard André Mercier
     No 465/2000 to impose a limit on an EC/OCT cumulation              and Patrick Thomas, and, as parties bearing civil liability,
     of origin upheld by the Council and thus seeks to avoid a          Société Balguerie, Société Pillet and Orkos Diffusion
     consequence which was clearly created by the OCT                   v Administration des Douanes; intervener: Ministère
     Decision and upheld by the Council;                                                                Public
— Infringement of Article 253 EC.
                                                                                                  (Case C-190/00)
( 1) OJ 2000 L 56, p. 39.
(2) OJ 1991 L 263, p. 1.                                                                          (2000/C 211/18)
(3) OJ 2000 L 55, p. 67.
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by judgment of 15 May 2000 by the
                                                                        Cour d’Appel de Paris (Court of Appeal, Paris) (Ninth
                                                                        Chamber), which was received at the Court Registry on 23 May
                                                                        2000, for a preliminary ruling in the case of Edouard Balguerie,
Reference for a preliminary ruling from the Arbeitsge-                  Bernard André Mercier and Patrick Thomas, and, as parties
richt Hamburg by order of that court of 3 May 2000 in                   bearing civil liability, Société Balguerie, Société Pillet and Orkos
the case of Dr Helga Kutz-Bauer v Freie und Hansestadt                  Diffusion v Administration des Douanes; intervener: Ministère
                             Hamburg                                    Public, on the following question:
                          (Case C-187/00)
                                                                        Do Commission Regulation No 4142/87 of 9 December
                          (2000/C 211/17)                               1987 (1) and the conditions imposed for its application in
                                                                        regard to imports of dates under the procedure for the
Reference has been made to the Court of Justice of the                  suspension of customs duties by reason of the end-use of
European Communities by an order of the Arbeitsgericht                  the goods preclude such goods being imported in original
(Labour Court), Hamburg, of 3 May 2000, which was received              packaging with a content of less than or equal to 11 kg?
at the Court Registry on 19 May 2000, for a preliminary ruling
in the case of Dr Helga Kutz-Bauer v Freie und Hansestadt
Hamburg on the following questions:                                     (1) Commission Regulation (EEC) No 4142/87 of 9 December 1987
                                                                            determining the conditions under which certain goods are eligible
1. Does a provision of a collective agreement for the public                on import for a favourable tariff arrangement by reason of their
     service which allows male and female employees to claim                end-use (OJ L 387 of 31.12.1987, p. 81).
     part-time working on grounds of age infringe Articles 2(1)
     and 5(1) of Council Directive 76/207/EEC on the im-
     plementation of the principle of equal treatment for men
     and women as regards access to employment, vocational
     training and promotion, and working conditions, if it
     allows part-time working on grounds of age only until the
     time when a full pension under the statutory old-age
     insurance scheme may first be claimed, and if the class of
     persons who may already draw a full pension at the age of
     60 consists almost exclusively of women, while the class           Action brought on 25 May 2000 by the Commission of
     who may draw a full pension only from the age of                     the European Communities against the Italian Republic
     65 consists almost exclusively of men?
2. Are national courts empowered, where provisions of                                             (Case C-191/00)
     collective agreements and legislative provisions are in
     breach of Directive 76/207/EEC (1) or Directive 79/7/
     EEC (2), to apply the corresponding provisions in favour of                                  (2000/C 211/19)
     the disadvantaged class, disregarding the restrictions which
     are contrary to Community law, until non-discriminatory
     rules are created by the parties to the collective agreement       An action against the Italian Republic was brought before the
     and/or the legislature?                                            Court of Justice of the European Communities on 25 May
                                                                        2000 by the Commission of the European Communities,
                                                                        represented by Karen Banks, Legal Adviser, and Laura Pignata-
(1) OJ L 39 of 14.2.1976, p. 40.                                        ro, of the Legal Service, acting as Agents, with an address for
(2) OJ L 6 of 10.1.1979, p. 24.
                                                                        service in Luxembourg at the office of Carlos Gómez de la
                                                                        Cruz, of the Commission’s Legal Service, Wagner Centre,
                                                                        Kirchberg.