CELEX: C2000/335/21
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 26 September 2000 in Case C-322/98 (reference for a preliminary ruling from Landesarbeitsgericht Hamburg): Bärbel Kachelmann v Bankhaus Hermann Lampe KG (Social policy — Male and female workers — Access to employment and working conditions — Equal treatment — Conditions governing dismissal)

25.11.2000                 EN                      Official Journal of the European Communities                                           C 335/11
1.    Declares that, by raising, on 1 July 1995 and 1 February                for the award of public works contracts (OJ, English Special
      1996, the tolls for the full itinerary on the Brenner motorway,         Edition 1971 (II), p. 682), as amended by Council Directive
      a transit route through Austria used predominantly by goods             89/440/EEC of 18 July 1989 (OJ 1989 L 210, p. 1), in
      vehicles of a maximum permissible gross laden weight of not             particular under Articles 12, 26 and 29 thereof, and under
      less than 12 tonnes registered in other Member States, but not          Council Directive 93/37/EEC of 14 June 1993 concerning the
      for partial itineraries on that motorway, the great majority of         coordination of procedures for the award of public works
      the users of which are vehicles of a maximum permissible gross          contracts (OJ 1993 L 199, p. 54), in particular under Articles
      laden weight of not less than 12 tonnes used for the same type          8, 11, 22 and 30 thereof — the Court, composed of:
      of transport and registered in Austria, and, second, by not             G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
      applying the abovementioned tolls only in order to cover the            D.A.O. Edward, L. Sevón and R. Schintgen (Presidents of
      costs linked with the construction, operation and development           Chambers), J.-P. Puissochet, P. Jann, H. Ragnemalm and
      of the Brenner motorway, the Republic of Austria has failed to          V. Skouris (Rapporteur), Judges; S. Alber, Advocate General;
      fulfil its obligations under, respectively, Article 7(b) and Article    D. Louterman-Hubeau, Principal Administrator, for the Regis-
      7(h) of Council Directive 93/89/EEC on the application by               trar, has given a judgment on 26 September 2000, in which it:
      Member States of taxes on certain vehicles used for the carriage
      of goods by road and tolls and charges for the use of certain           1.    Declares that, in the course of the various procedures for the
      infrastructures;                                                              award of public works contracts for the construction and
                                                                                    maintenance of school buildings conducted by the Nord-Pas-
2.    Orders the Republic of Austria to pay the costs.                              de-Calais Région and the Département du Nord over a period
                                                                                    of three years, the French Republic has failed to fulfil its
                                                                                    obligations under Article 59 of the EC Treaty (now, after
(1) OJ C 234 of 25.7.1998.                                                          amendment, Article 49 EC) as well as under Articles 12(5),
                                                                                    26 and 29(2) of Council Directive 71/305/EEC of 26 July
                                                                                    1971 concerning the coordination of procedures for the award
                                                                                    of public works contracts, as amended by Council Directive
                                                                                    89/440/EEC of 18 July 1989, and under Articles 8(3),
                                                                                    11(5), 22(2) and 30(2) of Council Directive 93/37/EEC of
                                                                                    14 June 1993 concerning the coordination of procedures for
                                                                                    the award of public works contracts;
                   JUDGMENT OF THE COURT                                      2.    Dismisses the application as to the remainder;
                          of 26 September 2000                                3.    Orders the French Republic and the Commission of the
                                                                                    European Communities to bear their own costs.
in Case C-225/98: Commission of the European Communi-
                        ties v French Republic (1)                            (1) OJ C 258 of 15.8.1998.
(Failure of a Member State to fulfil its obligations — Public
works contracts — Directives 71/305/EEC, as amended by
Directive 89/440/EEC, and 93/37/EEC — Construction and
maintenance of school buildings by the Nord-Pas-de-Calais                                      JUDGMENT OF THE COURT
               Région and the Département du Nord)
                                                                                                        (Fifth Chamber)
                             (2000/C 335/20)
                                                                                                    of 26 September 2000
                       (Language of the case: French)                         in Case C-322/98 (reference for a preliminary ruling from
                                                                              Landesarbeitsgericht Hamburg): Bärbel Kachelmann v
                                                                                             Bankhaus Hermann Lampe KG (1)
(Provisional translation; the definitive translation will be published
                                                                              (Social policy — Male and female workers — Access to
                      in the European Court Reports)
                                                                              employment and working conditions — Equal treatment —
                                                                                              Conditions governing dismissal)
In Case C-225/98: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                                                 (2000/C 335/21)
Bellanger and A. Viéville-Bréville) application for a declaration
that, in the course of the various procedures for the award of
                                                                                                 (Language of the case: German)
public works contracts for the construction and maintenance
of school buildings conducted by the Nord-Pas-de-Calais
Région and the Département du Nord over a period of three                     (Provisional translation; the definitive translation will be published
years, the French Republic has failed to fulfil its obligations                                  in the European Court Reports)
under Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) as well as under Council Directive 71/305/EEC                  In Case C-322/98: reference to the Court under Article 177 of
of 26 July 1971 concerning the coordination of procedures                     the EC Treaty (now Article 234 EC) by the Audiencia Provincial
 ---pagebreak--- C 335/12                  EN                      Official Journal of the European Communities                                        25.11.2000
de Palma de Mallorca, Spain, for a preliminary ruling in                     23 March 1994 materially amending for the second time
the proceedings pending before that court between Bärbel                     Directive 83/189/EEC (OJ 1994 L 100, p. 30) — the Court,
Kachelmann and Bankhaus Hermann Lampe KG — on the                            composed of: G.C. Rodrı́guez Iglesias, President, L. Sevón and
interpretation of Article 5(1) of Council Directive 76/207/EEC               R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn,
of 9 February 1976 on the implementation of the principle of                 C. Gulmann (Rapporteur), J.-P. Puissochet, H. Ragnemalm,
equal treatment for men and women as regards access to                       M. Wathelet and V. Skouris, Judges; F.G. Jacobs, Advocate
employment, vocational training and promotion, and working                   General; D. Louterman-Hubeau, Principal Administrator, for
conditions (OJ 1976 L 39, p. 40) — the Court (Fifth Chamber),                the Registrar, has given a judgment on 26 September 2000, in
composed of: D.A.O. Edward, President of the Chamber,                        which it has ruled:
L. Sevón, P.J.G. Kapteyn (Rapporteur), H. Ragnemalm and
M. Wathelet, Judges; A. Saggio, Advocate General; L. Hewlett,                A national court is required, in civil proceedings between individuals
Administrator, for the Registrar, has given a judgment on                    concerning contractual rights and obligations, to refuse to apply a
26 September 2000, on which it ruled:                                        national technical regulation which was adopted during a period of
                                                                             postponement of adoption prescribed in Article 9 of Council
Articles 2(1) and 5(1) of Council Directive 76/207/EEC of                    Directive 83/189/EEC laying down a procedure for the provision of
9 February 1976 on the implementation of the principle of equal              information in the field of technical standards and regulations, as
treatment for men and women as regards access to employment,                 amended by Directive 94/10/EC of the European Parliament and
vocational training and promotion, and working conditions must be            the Council of 23 March 1994 materially amending for the second
interpreted as not precluding an interpretation of a national rule,          time Directive 83/189.
such as that contained in Article 1(3) of the Kündigungsschutzgesetz
in the version in force until 30 September 1996, which proceeds on
the general basis that part-time workers are not to be compared with         (1) OJ C 33 of 6.2.1999.
full-time workers when an employer has to proceed to selection on the
basis of social criteria when abolishing a part-time job on economic
grounds.
(1) OJ C 312 of 10.10.1998.
                                                                                              JUDGMENT OF THE COURT
                                                                                                   of 26 September 2000
                  JUDGMENT OF THE COURT                                      in Case C-478/98: Commission of the European Communi-
                                                                                              ties v Kingdom of Belgium (1)
                        of 26 September 2000
                                                                             (Loans issued abroad — Prohibition of acquisition by Belgian
                                                                                                          residents)
in Case C-443/98 (reference for a preliminary ruling from
the Pretore di Milano (Italy)): Unilever Italia SpA v Central
                              Food SpA (1)                                                             (2000/C 335/23)
(Technical standards and regulations — Obligations of
notification and postponement of adoption — Applicability                                        (Language of the case: French)
                          in civil proceedings)
                                                                             (Provisional translation; the definitive translation will be published
                            (2000/C 335/22)
                                                                                                in the European Court Reports)
                      (Language of the case: Italian)                        In Case C-478/98: Commission of the European Communities
                                                                             (Agents: H. Michard and B. Mongin v Kingdom of Belgium
                                                                             (Agent: A. Snoecx, assisted by B. van de Walle de Ghelcke) —
(Provisional translation; the definitive translation will be published       application for a declaration that, by prohibiting the acquisition
                     in the European Court Reports)                          by persons resident in Belgium of securities of a loan issued
                                                                             abroad, the Kingdom of Belgium has failed to fulfil its
In Case C-443/98: reference to the Court under Article 177 of                obligations under Article 73b of the EC Treaty (now Article
the EC Treaty (now Article 234 EC) from the Pretore di Milano                56 EC) — the Court, composed of: G.C. Rodrı́guez Iglesias,
(Magistrate, Milan) for a preliminary ruling in the proceedings              President, J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón
pending before that court between Unilever Italia SpA and                    and R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn
Central Food SpA — on the interpretation of Council Directive                (Rapporteur), C. Gulmann, A. La Pergola, J.-P. Puissochet,
83/189/EEC of 28 March 1983 laying down a procedure for                      P. Jann, and H. Ragnemalm, Judges; F.G. Jacobs, Advocate
the provision of information in the field of technical standards             General; D. Louterman-Hubeau, Principal Administrator, for
and regulations (OJ 1983 L 109, p. 8), as amended by Directive               the Registrar, has given a judgment on 26 September 2000, in
94/10/EC of the European Parliament and the Council of                       which it: