CELEX: C1995/229/34
Language: en
Date: 1995-09-02 00:00:00
Title: Reference for a preliminary ruling by the Labour Court, Dublin, by decision of that court of 5 April 1995, in the case of Kathleen Hill and Ann Stapleton against the Revenue Commissioners and the Department of Finance (Case C-243/95)

No C 229/ 16             EN                    Official Journal of the European Communities                                        2 . 9 . 95
      frozen beef falling within CN code 0202 and products                Reference for a preliminary ruling by the Labour Court,
      falling within CN code 0206 29 91 (*) invalid and                   Dublin, by decision of that court of 5 April 1995 , in the case
      contrary to EC Law to the extent that it required                   of Kathleen Hill and Ann Stapleton against the Revenue
      operators seeking to qualify for 1994 quota referred to                    Commissioners and the Department of Finance
      in that sub-Article on the basis of their past beef exports                                    Case C-243/95 )
      to have exported at least 150 tonnes in the previous year,
      rather than 110 tonnes as had been required in 1993 ? In                                       ( 95/C 229/34 )
      particular, is Article 1 ( 2 ) invalid and contrary to EC law
      as :
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by a decision of the Labour Court,
      ( a ) exceeding the powers conferred upon the
                                                                          Dublin of 5 April 1995 , which was received at the Court
             Commission by Council Regulation ( EC )
                                                                          Registry on 12 July 1995 , for a preliminary ruling in the case
             No 130/94 of 24 January 1994 opening and
                                                                          of Kathleen Hill and Ann Stapleton against the Revenue
             providing for the administration of a Community
                                                                          Commissioners and the Department of Finance, on the
             tariff quota for frozen meat of bovine animals
                                                                          following questions :
             falling within CN code 0202 and products falling
             within CN code 0206 29 91 (2 );
                                                                          In circumstances in which far more female workers than
      ( b ) infringing the principle of proportionality;                  male workers spend part of their working lives in a
                                                                          job-sharing capacity:
      ( c ) infringing      the       principle    of     legitimate
             expectations;
                                                                          (a ) Does a prima-facie case of indirect discrimination arise
                                                                                where job-sharing workers who convert to full-time
      ( d ) infringing the duty to give adequate reasons                        work are given credit for incremental progression on
             pursuant to Article 190 of the EC Treaty; and/or                   the scale of pay for full-time staff by reference to actual
                                                                                time worked such that, while the benefits awarded to
      ( e ) having been adopted without proper consultation                     them are fully pro-rated to those awarded to staff who
             of the Beef Management Committee, contrary to                      have always worked full-time, they are placed at lower
             Article 4 of Regulation ( EC ) No 130/94 and                       points on the full-time scale than comparators who are
             Article 27 of Regulation ( EEC ) No 805/68 of the                  in all respects similar to them except that they have
             Council of 27 June 1968 on the common                              worked continuously on a full-time basis ?
             organization of the market in beef and veal ( 3 )?
                                                                                In other words, is the principle of equal pay, as defined
                                                                                in Council Directive 75/117/EEC of 10 February 1975
2 . Is Article 2 (2 ) of Regulation ( EC ) No 214/94 invalid                    on the approximation of the laws of the Member States
      and contrary to EC law, to the extent that it excludes                    relating to the application of the principle of equal pay
      companies arising from mergers where each part has                        for men and women ( J ), contravened, if employees,
      rights pursuant to Article 1 ( 2 ) of that Regulation from                who convert from job-sharing to full-time work,
      the opportunity to cumulate their past trading                            regress on the incremental scale and hence on their
      performance ? In particular, does Article 2 ( 2 ) violate:                salary scale, due to the application by the employer of
                                                                                the criterion of service calculated by time worked in a
       ( a ) the principle of non-discrimination, in so far as                  job ?
             companies deriving their rights from Article 1 ( 1 ) of
             that Regulation can merge and cumulate their past
             trading performance for the purpose of obtaining             ( b ) If so, does the employer have to provide special
                                                                                justification for recourse to the criterion of service,
             quota ; whereas companies deriving their rights
             from Article 1 (2 ) cannot; and/or                                 defined as actual time worked, in awarding incremental
                                                                                credit .
       ( b ) the guarantee referred to in the second recital to
             Regulation ( EC ) No 130/94 of continuing access to           (c ) If so, can a practice of incremental progression by
             quota by all interested operators within the                       reference to actual time worked be objectively justified
              Community ?                                                       by reference to factors other than the acquisition of a
                                                                                particular level of skill and experience over time ?
(') OJ No L 27, 1.2 . 1994, p . 46 .
( 2 ) OJ No L 22 , 27. 1 . 1994, p . 3 .                                   (!) OJ No L 45 , 19 . 2 . 1975 , p . 19 .
( 3 ) OJ No L 148 , 28 . 6 . 1968 , p . 24 .