CELEX: C1999/020/04
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 November 1998 in Case C-66/96 (reference for a preliminary ruling from the Sø- og Handelsret): Handels- og Kontorfunktionærernes Forbund i Danmark and Others v. Fællesforeningen for Danmarks Brugsforeninger and Others (Equal treatment for men and women - Remuneration - Working conditions for a pregnant woman)

23.1.1999           EN                 Official Journal of the European Communities                                       C 20/3
              JUDGMENT OF THE COURT                               3. Orders the Federal Republic of Germany, the
                                                                       Kingdom of Spain and the Commission of the
                      (Sixth Chamber)                                  European Communities to bear their own costs.
                   of 19 November 1998                            (1) OJ C 202, 23.7.1994.
in Case C-150/94: United Kingdom of Great Britain and
Northern Ireland supported by Federal Republic of
Germany v. Council of the European Union, supported by
Kingdom of Spain and Commission of the European
                      Communities (1)
(Actions for annulment Ð Common commercial policy Ð                             JUDGMENT OF THE COURT
Regulation (EC) No 519/94 Ð Import quotas for certain
         toys from the People's Republic of China)                                       (Sixth Chamber)
                                                                                      of 19 November 1998
                       (1999/C 20/03)
                                                                  in Case C-66/96 (reference for a preliminary ruling
                                                                  from      the    Sù-    og    Handelsret):     Handels-      og
                                                                  Kontorfunktionñrernes Forbund i Danmark and Others
                                                                  v. Fñllesforeningen for Danmarks Brugsforeninger and
                                                                                             Others (1)
               (Language of the case: English)
                                                                  (Equal treatment for men and women Ð Remuneration Ð
                                                                           Working conditions for a pregnant woman)
                                                                                          (1999/C 20/04)
In Case C-150/94: United Kingdom of Great Britain and
Northern Ireland (Agent: John E. Collins assisted by                             (Language of the case: Danish)
Christopher Vajda), supported by Federal Republic of
Germany (Agents: Ernst Röder and Gereon Thiele) v.
Council of the European Union (Agents: Bjarne
Hoff-Nielsen and Guus Houttuin), supported by Kingdom
of Spain (Agents: Alberto Navarro GonzaÂlez and Gloria              (Provisional translation; the definitive translation will be
Calvo Díaz) and by Commission of the European                              published in the European Court Reports)
Communities (Agents: Eric L. White and Patrick Hetsch)
Ð Application for annulment of Article 1(2) of Council
Regulation (EC) No 519/94 of 7 March 1994 on common
rules for imports from certain third countries and                In Case C-66/96: reference to the Court under Article 177
repealing Regulations (EEC) No 1765/82, No 1766/82                of the EC Treaty from the Sù- og Handelsret (Maritime
and No 3420/83 (OJ L 67, 10.3.1994, p. 89), in so far as          and Commercial Court) (Denmark) for a preliminary
it applies to toys falling within HS/CN Codes 9503 41,            ruling in the proceedings pending before that court
9503 49 and 9503 90 Ð the Court (Sixth Chamber),                  between Handels- og Kontorfunktionñrernes Forbund i
composed of: P. J. G. Kapteyn, President of the Chamber,          Danmark, acting on behalf of Berit Hùj Pedersen, and
G. F. Mancini (Rapporteur) and J. L. Murray, Judges; P.           Fñllesforeningen for Danmarks Brugsforeninger, acting on
LeÂger, Advocate-General; H. von Holstein, Deputy                 behalf of Kvickly Skive, between Handels- og
Registrar, has given a judgment on 19 November 1998, in           Kontorfunktionñrernes Forbund i Danmark, acting on
which it:                                                         behalf of Bettina Andresen, and Dansk Tandlñgeforening,
                                                                  acting on behalf of Jùrgen Bagner, between Handels- og
                                                                  Kontorfunktionñrernes Forbund i Danmark, acting on
                                                                  behalf of Tina Pedersen, and Dansk Tandlñgeforening,
                                                                  acting on behalf of Jùrgen Rasmussen, and between
                                                                  Kristelig Funktionñr-Organisation, acting on behalf of Pia
1. Dismisses the application;                                     Sùrensen, and Dansk Handel & Service, acting on behalf
                                                                  of Hvitfeldt Guld og Sùlv ApS Ð on the interpretation of
                                                                  Article 119 of the EC Treaty, Council 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 for men and women (OJ
                                                                  L 45, 19.2.1975, p. 19), Council Directive 76/207/EEC of
2. Orders the United Kingdom of Great Britain and                 9 February 1976 on the implementation of the principle of
    Northern Ireland to pay the costs;                            equal treatment for men and women as regards access to
 ---pagebreak--- C 20/4                EN                 Official Journal of the European Communities                                    23.1.1999
employment, vocational training and promotion, and                       unfit for work, without paying her salary in full when
working conditions (OJ L 39, 14.2.1976, p. 40) and                       he considers that he cannot provide work for her.
Council Directive 92/85/EEC of 19 October 1992 on the
introduction of measures to encourage improvements in
the safety and health at work of pregnant workers                   (1) OJ C 133, 4.5.1996.
and workers who have recently given birth or are
breastfeeding (tenth individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC) (OJ
L 348, 28.1.1992, p. 1) Ð the Court (Sixth Chamber),
composed of: P. J. G. Kapteyn, President of the Chamber,
G. Hirsch, G. F. Mancini, J. L. Murray (Rapporteur) and
R. Schintgen, Judges; D. Ruiz-Jarabo Colomer, Advocate-
General; H. von Holstein, Deputy Registrar, for the                                JUDGMENT OF THE COURT
Registrar, has given a judgment on 19 November 1998, in                                     (First Chamber)
which it has ruled:
                                                                                        of 19 November 1998
                                                                    in Case C-252/96 P: European Parliament v. Enrique
                                                                                  GutieÂrrez de Quijano y LloreÂns (1)
1. It is contrary to Article 119 of the EC Treaty and
    Council Directive 75/117/EEC of 10 February 1975                (Appeals Ð Proceedings before the Court of First Instance
    on the approximation of the laws of the Member                  Ð Prohibition of new pleas Ð Applicability to the Court
    States relating to the application of the principle of          of First Instance Ð Officials Ð Inter-institutional transfer)
    equal pay for men and women for national legislation
                                                                                            (1999/C 20/05)
    to provide that a pregnant woman who, before the
    beginning of her maternity leave, is unfit for work by
    reason of a pathological condition connected with her
    pregnancy, as attested by a medical certificate, is not                        (Language of the case: Spanish)
    entitled to receive full pay from her employer but
    benefits paid by a local authority, when in the event of
    incapacity for work on grounds of illness, as attested
    by a medical certificate, a worker is in principle                (Provisional translation; the definitive translation will be
    entitled to receive full pay from his or her employer.                    published in the European Court Reports)
                                                                    In Case C-252/96 P: European Parliament (Agents:
2. It is not contrary to Article 119 of the Treaty or               Manfred Peter and JoseÂ Luis Rufas Quintana) Ð Appeal
    Directive 75/117/EEC for national legislation to                against the judgment of the Court of First Instance of the
    provide that a pregnant woman is not entitled to                European Communities (Second Chamber) of 22 May
    receive her pay from her employer where, before the             1996 in Case T-140/94 GutieÂrrez de Quijano y LloreÂns v.
    beginning of her maternity leave, she is absent from            Parliament [1996] ECR-SC II-689 seeking to have that
    work by reason either of routine pregnancy-related              judgment set aside, the other party to the proceedings
    inconveniences, when there is in fact no incapacity for         being: Enrique GutieÂrrez de Quijano y LloreÂns, official of
    work, or of medical recommendation intended to                  the Court of Justice of the European Communities,
    protect the unborn child but not based on an actual             residing in Luxembourg at 53 Rue de Beggen, represented
    pathological condition or on any special risks for the          by Sonia Sequero Marcos, of the MaÂlaga Bar, with an
    unborn child, while any worker who is unfit for work            address for service in Luxembourg at the office of Enrique
    on the grounds of illness is in principle entitled              GutieÂrrez de Quijano Ð the Court (First Chamber),
    thereto.                                                        composed of: D. A. O. Edward, acting as President of the
                                                                    First Chamber, L. Sevón (Rapporteur) and M. Wathelet,
                                                                    Advocate-General: P. LeÂger; Judges; R. Grass, Registrar,
                                                                    has given a judgment on 19 November 1998, in which it:
3. It is contrary to Council Directive 76/207/EEC of
    9 February 1976 on the implementation of the
    principle of equal treatment for men and women as
                                                                    1. Dismisses the appeal;
    regards access to employment, vocational training and
    promotion, and working conditions, and to Council
    Directive 92/85/EEC of 19 October 1992 on the
    introduction of measures to encourage improvements              2. Orders the European Parliament to pay the costs.
    in the safety and health at work of pregnant workers
    and workers who have recently given birth or are
    breastfeeding (tenth individual Directive within the            (1) OJ C 269, 14.9.1996.
    meaning of Article 16(1) of Directive 89/391/EEC) for
    national legislation to provide that an employer may
    send home a woman who is pregnant, although not