CELEX: C1995/315/04
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT of 17 October 1995 in Case C-450/93 (reference for a preliminary ruling from the Bundesarbeitsgericht): Eckhard Kalanke v. Freie Hansestadt Bremen (Equal treatment of men and women - Directive 76/207/EEC - Article 2 (4) - Promotion - Equally qualified candidates of different sexes - Priority given to women)

No C 315 /2            EN                 Official Journal of the European Communities                                   25 . 11 . 95
interpretation of Council Regulation ( EEC ) No 1491 /85 of          Enrique Gonzalez Diaz ) v. Kingdom of Spain ( Agents :
23 May 1985 laying down special measures in respect of               Alberto Jose Navarro Gonzalez and Gloria Calvo Diaz ) —
soya beans ( OJ 1985 L 151 , p. 15 ), of Council Regulation          application for a declaration that, by failing to adopt or to
( EEC ) No 2194/85 of 25 July 1985 adopting general rules            communicate to the Commission the laws, regulations and
concerning special measures for soya beans ( OJ 1985 L 204 ,         administrative provisions necessary to comply with the
p. 1 ), and of Commission Regulation ( EEC ) No 2537/89 of           second Council Directive 90/619/EEC of 8 November 1990
8 August 1989 laying down detailed rules for the                     on the coordination of laws, regulations and administrative
application of the special measures for soya beans ( OJ 1989         provisions relating to direct life insurance, laying down
L 245 , p. 8 ), as amended by Commission Regulation ( EEC )          provisions to facilitate the effective exercise of freedom to
No 150/90 of 19 January 1990 ( OJ 1 990 L 18 , p. 10 ) — the         provide services and amending Directive 79/267/EEC ( OJ
Court ( Fifth Chamber ), composed of: D. A. O. Edward,                1 990 L 330 , p. 50 ), the Kingdom of Spain has failed to fulfil
President of the Chamber, J. C. Moitinho de Almeida , C.             its obligations under the EC Treaty — the Court ( Sixth
Gulmann ( Rapporteur ), P. Jann and L. Sevon, Judges; C. O.          Chamber ), composed of: G. Hirsch , President of the Second
Lenz, Advocate-General ; L. Hewlett, Administrator, for the          Chamber acting as President of the Sixth Chamber, G. F.
Registrar, gave a judgment on 12 October 1995 , the                  Mancini ( Rapporteur ), F. A. Schockweiler, J. L. Murray,
operative part of which is as follows :                              and H. Ragnemalm, Judges; C. O. Lenz, Advocate-General ;
                                                                     R. Grass , Registrar, gave a judgment on 12 October 1 995 , in
                                                                     which it :
1 . Examination of the first four questions referred for a
     preliminary ruling has revealed nothing capable of
     affecting the validity of Article 29a of Commission             1 . Declares that, by failing to bring into force within the
     Regulation No 2537/89 of 8 August 1989 laying down                   prescribed period the laws, regulations and
     detailed rules for the application of the special measures           administrative provisions necessary to comply with the
     for soya beans, as amended by Commission Regulation                  second Council Directive 90/619/EEC of 8 November
     (EEC) No 150/90.                                                     1990 on the coordination of laws, regulations and
                                                                          administrative provisions relating to direct life
2 . Article 6 (3) of Regulation (EEC) No 2537/89, as                      insurance, laying down provisions to facilitate the
     amended, must be understood as meaning that soya                     effective exercise of freedom to provide services and
     producers must notify the competent agency of any                    amending Directive 79/267/EEC, the Kingdom of Spain
     change in the areas indicated in the cultivation contract,           has failed to fulfil its obligations under the EC
     in particular any reduction in those areas, even if it is            Treaty;
     attributable to natural occurrences, such as heavy
     rainfall, where such a change occurs before the lodging
                                                                     2 . Orders the Kingdom of Spain to pay the costs.
     of the contract, as well as all changes which occur after
     lodging of the cultivation contract and which ,
     individually or collectively, involve more than 10% of          (•) O J No C 288 , 15 . 10 . 1994 .
     the areas indicated in the cultivation contract and more
     than one hectare .
(M Ol No C 146 , 28 . 5 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             of 17 October 1995
                                                                     in Case C-450/93 ( reference for a preliminary ruling from
                JUDGMENT OF THE COURT                                the Bundesarbeitsgericht ): Eckhard Kalanke v. Freie
                        ( Sixth Chamber)                                                   Hansestadt Bremen (')
                      of 12 October 1995                              (Equal treatment of men and women — Directive
                                                                      76/207/EEC — Article 2 (4) — Promotion — Equally
in    Case    C-242/94 :     Commission     of the    European
            Communities v. Kingdom of Spain (')                      qualified candidates of different sexes — Priority given to
                                                                                                    women)
 (Failure to fulfil obligations — Directive 90/619/EEC —                                        ( 95/C 315/04 )
                      Failure to transpose)
                          ( 95/C 315/03 )
                                                                                     (Language of the case: German)
                 (Language of the case: Spanish)
                                                                      (Provisional translation; the definitive translation will be
 (Provisional translation; the definitive translation will be                 published in the European Court Reports)
          published in the European Court Reports)
                                                                      In Case C-450/93 : reference to the Court under Article 177
 In   Case     C-242/94 :    Commission     of  the   European        of the EC Treaty from the Bundesarbeitsgericht ( Federal
 Communities ( Agents : Dimitrios Gouloussis and Francisco            Labour Court) for a preliminary ruling in the proceedings
 ---pagebreak--- 25 . 11 . 95           EN                  Official Journal of the European Communities                                  No C 315/3
pending before that court between Eckhard Kalanke and                 Communities ( Agents : E. de March and T. van Rijn ) —
Freie Hansestadt Bremen , supported by Heike Glifimann —              application for the annulment of Commission Regulation
on the interpretation of Article 2 ( 1 ) and ( 4 ) of Council         ( EEC ) No 2920/93 of 22 October 1993 fixing the uniform
Directive 76/207/EEC of 9 February 1976 on the                        reduction coefficient for determining the quantities of
implementation of the principle of equal treatment for men            bananas to be allocated to each operator in Categories A and
and women as regards access to employment, vocational                 B in the context of the tariff quota for the second half of
training and promotion , and working conditions ( OJ 1976             1993 ( OJ 1993 L 264 , p. 40 ) — the Court, composed of:
L 39 , p. 40 ) — the Court, composed of: G. C. Rodriguez              G. C. Rodriguez Iglesias , President, C. N. Kakouris , D. A. O.
Iglesias , President, C. N. Kakouris, D. A. O. Edward, J. -P.         Edward and G. Hirsch ( Presidents of Chambers ), G. F.
Puissochet and G. Flirsch ( Presidents of Chambers ), G. F.           Mancini , F. A. Schockweiler ( Rapporteur ), J. C. Moitinho
Mancini , F. A. Schockweiler, J. C. Moitinho de Almeida , P.          de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L. Murray and
J. G. Kapteyn ( Rapporteur ), C. Gulmann and J. L. Murray,            L. Sevon , Judges; M. B. Elmer, Advocate-General ; H. von
Judges ; G. Tesauro , Advocate-General ; H. A. Ruhl ,                 Holstein , Deputy Registrar, for the Registrar, has given a
Principal Administrator, for the Registrar, gave a judgment           judgment on 17 October 1995 , in which it :
on 17 October 1995 , the operative part of which is as
follows :
                                                                      1 . Dismisses the action ;
Article 2 (\) and (4) of Council Directive 76/207/EEC of
9 February 1976 on the implementation of the principle of             2 . Orders the Kingdom of the Netherlands to pay the
equal treatment for men and women as regards access to                     costs .
employment, vocational training and promotion, and
working conditions precludes national rules such as those in
the present case which , where candidates of different sexes          (') O J No C 43 , 12 . 2 . 1994 .
shortlisted for promotion are equally qualified,
automatically give priority to women in sectors where they
are under-represented, under-representation being deemed
to exist when women do not make up at least halfofthe staff
in the individual pay brackets in the relevant personnel
group or in the function levels provided for in the
organization chart.
(') O J No C 27 , 28 . 1 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             of 17 October 1995
                                                                      in Case C-44/94 ( reference for a preliminary ruling from the
                                                                      Divisional Court of the Queen 's Bench Division of the High
                                                                      Court of Justice ): The Queen v. Minister of Agriculture,
                                                                      Fisheries and Food, ex-parte National Federation of
                                                                      Fishermen 's Organizations and Others , Federation of
                                                                            Highlands and Islands Fishermen and Others (')
                                                                       (Common fisheries policy — Multiannual guidance
                                                                       programmes — Limitation of the number of days at sea)
               JUDGMENT OF THE COURT                                                             (9 SIC 315 /06 )
                       of 17 October 1995
in Case C-478/93 : Kingdom of the Netherlands v.
       Commission of the European Communities (')                                    (Language of the case: English)
 (Bananas — Import system — Category A and Category B
                              operators)                              In Case C-44/94 : reference to the Court under Article 1 77 of
                           ( 95/C 315/05 )                            the EC Treaty from the Divisional Court of the Queen 's
                                                                       Bench Division of the High Court of Justice ( United
                                                                      Kingdom ) for a preliminary ruling in the proceedings
                 (Language of the case: Dutch)                        pending before that court between The Queen and the
                                                                       Minister of Agriculture, Fisheries and Food , ex-parte
                                                                      National Federation of Fishermen 's Organizations and
                                                                       Others , Federation of Highlands and Islands Fishermen and
 (Provisional translation ; the definitive translation will be         Others on the interpretaton of Articles 6 , 34 , 39 and 40 ( 3 )
          published in the European Court Reports)                     of the EC Treaty, Council Regulation ( EEC ) No 3759/92 of
                                                                       17 December 1992 on the common organization of the
                                                                       market in fishery and aquaculture products ( OJ 1992 L 388 ,
 In Case C-478/93 : Kingdom of the Netherlands ( Agents : A.           p. 1 ), Council Regulation ( FTC ) No 3760/92 of
 Bos and f . W. de Zwaan ) v. Commission of the European               20 December 1992 establishing a Community system for