CELEX: C1995/208/21
Language: en
Date: 1995-08-12 00:00:00
Title: Reference for a preliminary ruling from the Arbeitsgericht Hamburg by order of that court of 22 May 1995 in the case of Nils Draehmpaehl v. Urania Immobilienservice ohG (Case C-180/95)

12 . 8 . 95               EN                Official Journal of the European Communities                               No C 208/ 11
      1995 amending Regulation ( EC ) No 3362/94 fixing, for           Reference for a preliminary ruling from the Arbeitsgericht
      certain fish stocks and groups of fish stocks, the total         Hamburg by order of that court of 22 May 1995 in the case
      allowable catches for 1995 and certain conditions under            of Nils Draehmpaehl v. Urania Immobilienservice ohG
      which they may be fished ,                                                                ( Case C-l 80/95 )
                                                                                                  ( 95/C 208/21
— order the defendant institution to pay the costs .
                                                                       Reference has been made to the Court of Justice of the
Pleas in law and main arguments adduced in support:                    European Communities by an order of the Arbeitsgericht
                                                                       Hamburg ( Labour Court, Hamburg) (21st Chamber ) of
— Infringement of Article 39 of the EC Treaty : by allowing            22 May 1995 , which was received at the Court Registry on
      part of the quota of anchovy which had been allocated to         9 June 1995 , for a preliminary ruling in the case of Nils
      Portugal by Regulation ( EC ) No 3362/94 in Zone IX to           Draehmpaehl v. Urania Immobilienservice ohG on the
      be fished not in that zone but in Zone VIII, the TAC             following questions :
      fixed for Zone VIII is being increased from 33 000
      metric tonnes to 38 008 metric tonnes , without there            1 . Does a statutory provision which prescribes, for
      being any new scientific data to justify it. Therefore, by           compensation on grounds of discrimination based on
      not pursuing by means of the contested provisions either             sex in the making of an appointment, a presumption of
      the optimum utilization of the factors of production or              the fault of the employer conflict with Articles 2(1 ) and
      the stability of the market, the objectives of the common            3 ( 1 ) of Council Directive 76/207/EEC of 9 February
      fisheries policy set out in Article 39 of the EC Treaty are           1976 on the implementation of the principle of equal
      not being observed .                                                 treatment of men and women as regards access to
                                                                           employment, vocational training and promotion, and
— Infringement             of     Council   Regulation     ( EEC )         working conditions (*)?
      No 3760/92 .
                                                                       2 . Does a statutory provision which prescribes a maximum
      — Infringement of the requirement to ensure the                      limit of three months' salary as compensation for
          national and responsible exploitation of resources :             discrimination based on sex in the making of an
                                                                           appointment — in contrast to other domestic provisions
                                                                           in civil and labour law — for applicants of either sex
          all the existing scientific studies clearly show that            who have been discriminated against in the procedure,
          there exist two independent stocks of anchovy, that              but who would not have been received the position to be
          of Zone VIII of the Gulf of Biscay and that of Zone              filled even in the event of non-discriminatory selection
          IX of the Gulf of Cadiz, which are not related in any            by reason of the superior qualifications of the applicant
          way and which therefore have required and continue               appointed , conflict with Articles 2 ( 1 ) and 3 ( 1 ) of
          to require separate treatment. None the less, by                  Council Directive 76/207/EEC on the implementation
          means of the contested provisions and without any                of the principle of equal treatment for men and women
          scientific basis whatsoever, the TAC fixed for 1995              as regards access to employment, vocational training
          in Zone VIII is increased de facto. Regulation ( EEC )           and promotion, and working conditions ?
          No 3760/92 is thereby not being complied with since
          the objective of a rational and responsible
          exploitation of resources is not being achieved,             3 . Does a statutory provision which prescribes a maximum
          rather, very much on the contrary, a species is being            limit of three months' salary as compensation for
          overexploited .                                                   discrimination based on sex and the making of an
                                                                            appointment — in contrast to other domestic provisions
                                                                           in civil and labour law — for applicants of either sex
      — Infringement of the principle of relative stability:               who, in the event of selection free from discrimination
                                                                           would have received the position to be filled, conflict
          The amount by which the quota of anchovy referred                with Articles 2 ( 1 ) and 3 ( 1 ) of Council Directive
          to in Zone VII has been amended, that is, 5 008                   76/207/EEC ?
          metric tonnes, is awarded entirely to a country such
          as Portugal which has never had a quota in that zone         4 . Does a statutory provision which prescribes a
          (without prejudice to the possibility of subsequently            cumulative maximum limit of six months' salary for all
          exchanging it with another Member State ), without                persons who have suffered discrimination as
          taking into account the requirement to maintain the              compensation claimed by several parties for
          fixed percentage for each of the Member States                    discrimination based on sex in the making of an
          ( France and Spain ) which share the allocation of that           apointment — in contrast to other domestic provisions
          stock .                                                           in civil and labour law — conflict with Articles 2(1 ) and
                                                                            3 ( 1 ) of Directive 76/207/EEC ?
( 1 ) OJ No L 71 , 31 . 3 . 1995 , p . 5 .
( 2 ) OJ No L 74 , 1 . 4 . 1995 , p . 1 .                              (M OJ No L 39 , 14 . 2 . 1976 , p . 40.