CELEX: C2002/118/09
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court 19 March 2002 in Case C-476/99 (Reference for a preliminary ruling from the Centrale Raad van Beroep): H. Lommers v Minister van Landbouw, Natuurbeheer en Visserĳ (Social policy — Equal treatment of men and women — Derogations — Measures to promote equality of opportunity between men and women — Subsidised nursery places made available by a Ministry to its staff — Places reserved only for children of female officials, save in cases of emergency, to be determined by the employer)

18.5.2002               EN                       Official Journal of the European Communities                                               C 118/7
a vehicle registered in another Member State to register in the first                          JUDGMENT OF THE COURT
Member State and imposing on it one or more of the following
conditions:
                                                                                                         19 March 2002
—    a requirement that the person in whose name the vehicle is             in Case C-476/99 (Reference for a preliminary ruling from
     registered in the Member State of use reside or have a place of        the Centrale Raad van Beroep): H. Lommers v Minister
     business there, in so far as it obliges a leasing undertaking                    van Landbouw, Natuurbeheer en Visserij (1)
     either to have a principal place of business in that Member
     State or to accept registration of the vehicle in the name of the
     lessee and the consequent limitation of its rights over the vehicle;
                                                                            (Social policy — Equal treatment of men and women —
                                                                            Derogations — Measures to promote equality of opportunity
                                                                            between men and women — Subsidised nursery places made
                                                                            available by a Ministry to its staff — Places reserved only
                                                                            for children of female officials, save in cases of emergency,
—    a requirement to insure the vehicle with an authorised insurer                          to be determined by the employer)
     in the Member State of use, if that requirement implies that the
     insurer must have its principal place of business in that Member
     State, as the home State within the meaning of the non-life
     insurance directives, and have ‘official authorisation’ there;                                     (2002/C 118/09)
                                                                                                  (Language of the case: Dutch)
—    a requirement of a roadworthiness test when the vehicle has
     already undergone such testing in the Member State where the           (Provisional translation; the definitive translation will be published
     leasing company is established, save where that requirement is                              in the European Court Reports)
     aimed at verifying that the vehicle satisfies the conditions
     imposed on vehicles registered in the Member State of use that
     are not covered by the tests carried out in the Member State
     where the leasing company is established and/or, if the vehicle
     has in the meantime been used on the public highway, that its
     condition has not deteriorated since it was tested in that latter
     Member State, provided similar testing is imposed where a              In Case C-476/99: Reference to the Court under Article 234
     vehicle previously tested in the Member State of use is presented      EC by the Centrale Raad van Beroep (Netherlands) for a
     for registration in that State;                                        preliminary ruling in the proceedings pending before that
                                                                            court between H. Lommers and Minister van Landbouw,
                                                                            Natuurbeheer en Visserij, on the interpretation of Article 2(1)
                                                                            and (4) of Council Directive 76/207/EEC of 9 February 1976
                                                                            on the implementation of the principle of equal treatment for
                                                                            men and women as regards access to employment, vocational
—    payment, in the Member State of use, of a consumption tax the          training and promotion, and working conditions (OJ 1976
     amount of which is not proportionate to the duration of the            L 39, p. 40), the Court, composed of: G.C. Rodrı́guez Iglesias,
     registration of the vehicle in that State.                             President, P. Jann, F. Macken and N. Colneric (Presidents of
                                                                            Chambers), C. Gulmann, A. La Pergola (Rapporteur),
                                                                            J.-P. Puissochet, R. Schintgen and V. Skouris, Judges; S. Alber,
                                                                            Advocate General; H. von Holstein, Deputy Registrar, has
                                                                            given a judgment on 19 March 2002, in which it has ruled:
(1) OJ C 34 of 5.2.2000.                                                    Article 2(1) and (4) of Council Directive 76/207/EEC of 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 working conditions does not preclude a scheme
                                                                            set up by a Minister to tackle extensive under-representation of
                                                                            women within his Ministry under which, in a context characterised
                                                                            by a proven insufficiency of proper, affordable care facilities, a limited
                                                                            number of subsidised nursery places made available by the Ministry
                                                                            to its staff is reserved for female officials alone whilst male officials
                                                                            may have access to them only in cases of emergency, to be determined
 ---pagebreak--- C 118/8                  EN                      Official Journal of the European Communities                                      18.5.2002
by the employer. That is so, however, only in so far, in particular, as     1.    Dismisses the application;
the said exception in favour of male officials is construed as allowing
those of them who take care of their children by themselves to have         2.    Orders the Commission of the European Communities to bear
access to that nursery places scheme on the same conditions as female             two thirds of the costs and the Italian Republic to bear one
officials.                                                                        third of the costs.
                                                                            (1) OJ C 79 of 18.3.2000.
(1) OJ C 47 of 19.2.2000.
                                                                                              JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                 19 March 2002
                           (Fifth Chamber)                                  in Case C-13/00: Commission of the European Communi-
                                                                                               ties v Republic of Ireland (1)
                            7 March 2002
                                                                            (Failure by a Member State to fulfil its obligations —
                                                                            Failure to adhere within the prescribed period to the Berne
                                                                            Convention for the Protection of Literary and Artistic Works
in Case C-10/00: Commission of the European Communi-
                                                                            (Paris Act of 24 July 1971) — Failure to fulfil obligations
                      ties v Italian Republic (1)
                                                                            under Article 228(7) of the EC Treaty (now, after amend-
                                                                            ment, Article 300(7) EC) in conjunction with Article 5 of
                                                                                            Protocol 28 to the EEA Agreement)
(Failure by a Member State to fulfil its obligations —
Community own resources — Import from third countries of
                 goods destined for San Marino)                                                       (2002/C 118/11)
                           (2002/C 118/10)                                                      (Language of the case: English)
                     (Language of the case: Italian)
                                                                            In Case C-13/00, Commission of the European Communities,
                                                                            represented by K. Banks and M. Desantes, acting as Agents,
(Provisional translation; the definitive translation will be published      with an address for service in Luxembourg, v Republic of
                    in the European Court Reports)                          Ireland (Agent: initially M.A. Buckley, and, subsequently,
                                                                            D.J. O’Hagan), supported by United Kingdom of Great Britain
                                                                            and Northern Ireland (Agent: G. Amodeo, assisted by M.
                                                                            Hoskins, barrister): Application for a declaration that, by
                                                                            failing to obtain its adherence before 1 January 1995 to the
In Case C-10/00, Commission of the European Communities                     Berne Convention for the Protection of Literary and Artistic
(Agents: E. Traversa and H. P. Hartvig) v Italian Republic                  Works (Paris Act of 24 July 1971), Ireland has failed to fulfil
(Agent: U. Leanza, assisted by I. M. Braguglia): Application for            its obligations under Article 228(7) of the EC Treaty (now,
a declaration that, by not making available to the Commission               after amendment, Article 300(7) EC) in conjunction with
the sum of ITL 29 223 322 226 and by not paying default                     Article 5 of Protocol 28 to the Agreement on the European
interest on that amount from 1 January 1996, the Italian                    Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3), the Court,
Republic has failed to fulfil its obligations under the Com-                composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,
munity provisions relating to the Communities’ own resources,               F. Macken, N. Colneric and S. von Bahr (Presidents of
the Court (Fifth Chamber), composed of: P. Jann, President                  Chambers), C. Gulmann, D.A.O. Edward, J.-P. Puissochet
of the Chamber, A. La Pergola and C.W.A. Timmermans                         (Rapporteur), M. Wathelet, R. Schintgen, V. Skouris, J.N. Cunha
(Rapporteur), Judges; F.G. Jacobs, Advocate General; L. Hewlett,            Rodrigues and C.W.A. Timmermans, Judges;J. Mischo, Advo-
Administrator, for the Registrar, has given a judgment on                   cate General; R. Grass, Registrar, has given a judgment on
7 March 2002, in which it:                                                  19 March 2002, in which it: