CELEX: C1996/133/36
Language: en
Date: 1996-05-04 00:00:00
Title: Reference for a preliminary ruling from the Kantongerecht, Arnhem, by judgment of that court of 4 March 1996 in the case of Albany International BV v. Stichting Bedrijfspensioenfonds Textielindustrie (Case C-67/96)

4 . 5 . 96           1 EN                  Official Journal of the European Communities                                        No C 133/17
Reference for a preliminary ruling by the Sø- og Handelsret                   he cannot provide work for the pregnant employee,
by order of that court of 20 February 1996 in the cases of                    despite the fact that the latter is not unfit for work ,
Handels- og Kontorfunktionærernes Forbund i Danmark
(HK ), acting on behalf of Berit Høj Pedersen, v. the                 and in situations 1 to 3 and 6 the State guarantees that the
Fællesforening for Danmarks Brugsforeninger (FDB ),                   pregnant employee will receive the same rate of benefit as
acting on behalf of Kvickly Skive; HK, acting on behalf of            she would receive if on sick leave, whereas in situations 4
Bettina Andresen, v. Dansk Tandlægeforening, acting on                and 5 no State benefit is received, and the employer,
behalf ofJørgen B agner, a dental practitioner; HK, acting on         moreover, is required under national legislation to provide
behalf of Tina Pedersen, v. Dansk Tandlægeforening, acting            full pay during illness ?
on behalf of Jørgen Rasmussen, a dental practitioner; and
Kristelig Funktionær-Organisation, acting on behalf of Pia            (') Council Directive 75/117/EEC of 10 February 1975 on the
Sørensen v. Dansk Handel & Service, acting on behalf of                     approximation of the laws of the Member States of relating to
                 Hvitfeldt Guld og Sølv ApS.                                the application of the principle of equal pay for men and women
                         ( Case C-66/96 )                                   ( OJ No L 45 , 19 . 2 . 1975 , p. 19 ).
                                                                      ( 2 ) Council Directive 76/207/EEC of 9 February 1976 on the
                           ( 96/C 133/35 )                                  implementation of the principle of equal treatment for men and
                                                                            women as regards access to employment, vocational training
                                                                            and promotion, and working conditions ( OJ No L 39 , 14. 2 .
Reference has been made to the Court of Justice of the                      1976 , p . 40 ).
European Communities by order of the So- og Handelsret                ( 3 ) Council Directive 92/85/EEC of 19 October 1992 on the
( Maritime and Commercial Court) of 20 February 1996 ,                      introduction of measures to encourage improvements in the
which was received at the Court Registry on 11 March                        safety and health at work of pregnant workers and workers who
1996, for a preliminary ruling in the cases of ( 1 ) Handels- og            have recently given birth or are breastfeeding ( tenth individual
Kontorfunktionasrernes Forbund i Danmark (Union of                          Directive within the meaning of Article 16 ( 1 ) of Directive
Commercial and Clerical Employees in Denmark ) ( HK ),                      89/39 1 /EEC ) ( OJ No L 348 , 28 . 11 . 1992, p . 1 ).
acting on behalf of Berit Hoj Pedersen, Bettina Andresen
and Tina Pedersen, v. the Fadlesforening for Danmarks
Brugsforeninger (Joint Association of Danish Cooperative
Societies ) ( FDB ), acting on behalf of Kvickly Skive, and
Dansk Tandlsegeforening ( Danish Association of Dental
Practitioners ), acting on behalf of Jorgen Bagner and Jorgen         Reference for a preliminary ruling from the Kantongerecht,
Rasmussen, dental practitioners, and ( 2 ) Kristelig                  Arnhem, by judgment of that court of 4 March 1996
Funktionasr-Organisation ( Christian Commercial and                   in the case of Albany International BV v. Stichting
Clerical Employees ' Organization ), acting on behalf of Pia                         Bedrij fspensioenfonds Textielindustrie
Sorensen, v. Dansk Handel & Service ( Danish Commercial
                                                                                                    Case C-67/96 )
and Service-Industries Association ), acting on behalf of
Hvitfeldt Guld og Solv ApS, on the following question:                                              ( 96/C 133/36 )
Does Community law, including Article 119 of the EC                   Reference has been made to the Court of Justice of the
Treaty and Directives 75/117/EEC ( 1 ), 76/207/EEC (2) and            European Communities by a judgment of the
92/85/EEC ( 3 ), preclude national legislation from exempting         Kantongerecht ( Cantonal Court), Arnhem, of 4 March
employers from the provision of pay to pregnant employees             1996, which was received at the Court Registry on
in cases where :                                                      11 March 1996 , for a preliminary ruling in the case of
                                                                      Albany International BV v. Stichting Bedrijfspensioenfonds
1 , the absence is attributable to the fact that the pregnancy        Textielindustrie on the following questions :
     substantially aggravates an illness that is otherwise
     unconnected to the pregnancy;                                    ( a ) Is an occupational pension scheme within the meaning
                                                                               of Article 1 ( 1 ) ( b ) of the Wet betreffende verplichte
2 , the absence is attributable to an illness caused by the
                                                                              Deelneming in een Bedrijfspensioenfonds ( Law on
     pregnancy ;
                                                                               Compulsory Participation in an Occupational Pension
3 , the absence is attributable to the fact that the pregnancy                 Scheme ) an undertaking within the meaning of
     shows a morbid development and that continued work                       Articles 85 , 86 or 90 of the EC Treaty ?
     would create a risk for the health of the woman or her
     unborn child;                                                    ( b ) If so, is the fact of making membership of the
                                                                               occupational pension scheme for industrial
4, the absence is attributable to general pregnancy-related                    undertakings compulsory a measure adopted by a
     inconveniences that occur in any normal pregnancy and,                   Member State which nullifies the useful effect of the
     moreover, do not result in incapacity for work;                          competition rules applicable to undertakings ?
5 , the absence results from a medical opinion intended to            (c ) If question ( b ) must be answered in the negative, can
     protect the unborn child but which is not based on an                     other circumstances render compulsory membership
     actual morbid condition or special risks for the unborn                   incompatible with Article 90 of the Treaty, and if so,
     child;                                                                   which ?
6 , the absence is attributable to the fact that the employer,
     on the basis of the pregnancy alone, takes the view that