CELEX: C1997/009/05
Language: en
Date: 1997-01-11 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 24 October 1996 in Case C-86/94 (reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven): H. J. A. M. van Iersel (liquidator of Pluimvee- en wildwerkende industrie De Venhorst BV) v. Staatssecretaris van Landbouw, Natuurbeheer en Visserij (Health inspections and controls - Circumstances in which an undertaking is obliged to pay the fee for cutting operations)

11 . 1 . 97  .     I EN |                 Official Journal of the European Communities                                     No C 9/3
Stichting Thuiszorg Rotterdam — on the interpretation of                   from membership of the occupational scheme in
Article 119 of the EC Treaty and Protocol 2 to Article 119                 breach of Article 119 of the Treaty, those rights being
of the Treaty establishing the European Union — the                        governed by the judgment in Bilka.
Court ( Sixth Chamber), composed of: G. F. Mancini,
President of the Chamber ( Rapporteur), J. L. Murray and             (!) OJ No C 338 , 15 . 12 . 1993 , p . 12 .
P. J. G. Kapteyn, Judges; G. Cosmas, Advocate-General ;
H. A. Riihl, Principal Administrator, for the Registrar, has
given a judgment on 24 October 1996, in which it has
ruled :
                                                                                    JUDGMENT OF THE COURT
1 . The right to join an occupational pension scheme falls                                    (Fourth Chamber)
     within the scope of Article 119 of the EC Treaty and
     is therefore covered by the prohibition of                                              of 24 October 1996
     discrimination laid down therein. That interpretation
                                                                     in Case C-86/94 (reference for a preliminary ruling from
     does not depend on the purposes of the national                 the College van Beroep voor het Bedrijfsleven): H. J. A. M.
     legislation enabling membership to be made                      van Iersel ( liquidator of Pluimvee- en wildwerkende
     compulsory or on the fact that the employer lodged an           industrie . De Venhorst BV) v. Staatssecretaris , van
     objection to the decision to make such membership                           Landbouw, Natuurbeheer en Visserij ( 1 )
     compulsory or on his having conducted an enquiry
     among his employees with a view to seeking                      (Health inspections and controls — Circumstances in
     exemption from compulsory membership.                           which an undertaking is obliged to pay the fee for cutting
                                                                                                  operations)
                                                                                                 ( 97/C 9/05
2. The limitation of the effects in time of the Barber
     judgment (Case C-262/88) does not apply to the right                             (Language of the case: Dutch)
     to join an occupational pension scheme, such as that
     at issue in the main proceedings, or to the right to
     payment of a retirement pension where the worker                   (Provisional translation; the definitive translation will be
     was excluded from membership of the scheme in                             published in the European Court Reports)
     breach of Article 119 of the Treaty.
                                                                     In Case C-86/94 : reference to the Court pursuant to
                                                                     Article 177 of the EC Treaty from the College van Beroep
3 . The administrators of an occupational pension scheme             voor het Bedrijfsleven ( Administrative Court for Trade
     must, like the employer, comply with Article 119 of             and Industry, the Netherlands ) for a preliminary ruling in
     the Treaty and workers who are discriminated against            the proceedings pending , before that court between
     may assert their rights directly against those                  H. J. A. M. van Iersel ( liquidator of Pluimvee- en
     administrators.                                                 wildwerkende industrie De Venhorst BV) and
                                                                     Staatssecretaris van Landbouw, Natuurbeheer en Visserij
                                                                     — on the interpretation of Council Decision 88/408/EEC
                                                                     of 15 June 1988 on the levels of the fees to be charged for
4 . The fact that a worker can claim retroactive                     health inspections and controls of fresh meat pursuant to
     membership of an occupational pension scheme does               Directive 85/73/EEC ( 2 ) — the Court ( Fourth Chamber),
     not enable him to avoid paying contributions for the            composed of: J. L. Murray ( Rapporteur), President of the
     period of membership concerned.                                 Chamber, C. N. Kakouris and P. J. G. Kapteyn, Judges;
                                                                     F. G. Jacobs, Advocate-General; R. Grass, Registrar, has
                                                                     given a judgment on 24 October 1996, in which it has
                                                                     ruled :
5 . The national rules relating to time-limits for bringing
     actions under national law may be relied on against             Article 3 (1 ) of Council Decision 88/408/EEC of 15 June
     workers who assert their right to join an occupational          1988 on the levels of the fees to be charged for health
     pension scheme or to payment of a retirement pension,           inspections and controls of fresh meat pursuant to
     provided that they are not less favourable for such             Directive 85/73/EEC is to be interpreted as meaning that
     actions than for similar domestic actions and that they         the part of the fees referred to therein is payable only in
     do not render the exercise of rights conferred by               respect of meat which is actually boned or cut during the
     Community law excessively difficult or impossible in            production stage between the slaughter of the animal and
     practice.                                                       the storage of the meat.
                                                                     0 ) OJ No C 120, 30 . 4 . 1994, p . 14 .
                                                                     ( 2 ) OJ No L 194, 22 . 7. 1988 , p . 24 .
6 . Protocol 2 does not affect the right to join an
     occupational pension scheme or the right to draw a
     retirement pension where the worker was excluded