CELEX: C1995/268/06
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 13 July 1995 in Case C-116/94 (reference for a preliminary ruling from the Social Security Commissioner, London): Jennifer Meyers v. Adjudication Officer (Equal treatment for men and women - Directive 76/207/EEC - Conditions governing access to employment - Working conditions - Family credit)

14 . 10 . 95          EN                  Official Journal of the European Communities                                  No C 268/3
  separate judgment or decree. It does not apply to the                proceedings or . . . an equivalent document ' within the
  situation where a defendant raises, as a pure defence, a claim       meaning ofArticle 27 (2) ofthe Convention of2 7 September
  which he allegedly has against the plaintiff. The defences           1968 on Jurisdiction and the Enforcement ofJudgments in
  which may be raised and the conditions under which they              Civil and Commercial Matters, as amended by the
  may be raised are governed by national law.                          Convention of 9 October 1978 on the accession of the
                                                                       Kingdom of Denmark, Ireland and the United Kingdom of
                                                                       Great Britain and Northern Ireland.
. C ) OJ No C 231 , 27 . 8 . 1993 .
                                                                       (') OJ No C 43 , 12 . 2 . 1994 .
                JUDGMENT OF THE COURT
                         ( Third Chamber)
                           of 13 July 1995
  in Case C-474/93 (reference for a preliminary ruling from
  the Arrondissementsrechtbank te Zwolle (Netherlands )):                             JUDGMENT OF THE COURT
        Hengst Import BV and Anna Maria Campese (')                                           (Fourth Chamber )
  (Brussels Convention — Article 27 (2) — Concept of                                            of 13 July 1995
  document instituting the proceedings or equivalent                   in Case C-l 16/94 (reference for a preliminary ruling from
                               document)
                                                                       the Social Security Commissioner, London ): Jennifer
                            ( 95/C 268/05 )                                          Meyers v. Adjudication Officer ( ! )
                                                                       (Equal treatment for men and women — Directive
                                                                        76/207/EEC — Conditions governing access to
                  (Language of the case: Dutch)                           employment — Working conditions — Family credit)
                                                                                                 ( 95/C 268/06 )
  (Provisional translation; the definitive translation will be
            published in the European Court Reports)
                                                                                       (Language of the case: English)
  In Case C-474/93 : reference to the Court under the Protocol
  of 3 June 1971 on the interpretation by the Court of Justice         In Case C-l 16/94 : reference to the Court under Article 177
  of the Convention of 27 September 1968 on Jurisdiction               of the EC Treaty from the Social Security Commissioner,
  and the Enforcement of Judgments in Civil and Commercial             London, for a preliminary ruling in the proceedings pending
  Matters by the Arrondissementsrechtbank te Zwolle                    before that court between Jennifer Meyers and the
  ( Netherlands ) for a preliminary ruling in the proceedings          Adjudication Officer, on the interpretation of Council
  pending before that court between Hengst Import BV and               Directive 76/207/EEC of 9 February 1976 on the
  Anna Maria Campese on the interpretation of Article 27 ( 2 )         implementation of the principle of equal treatment for men
  of the abovementioned Convention of 27 September 1968                and women as regards access to employment, vocational
   ( OJ No L 304, p. 36 ) as amended by the Convention of              training and promotion, and working conditions ( OJ No
  9 October 1978 on the accession of the Kingdom of                    L 39 , p. 40 ) — the Court ( Fourth Chamber ), composed of:
  Denmark , Ireland and the United Kingdom of Great Britain            P. J. G. Kapteyn ( Rapporteur ), President of the Chamber,
  and Northern Ireland ( OJ No L 304, p. 1 and — amended                C. N. Kakouris and H. Ragnemalm, Judges; C. O. Lenz,
  text — p. 77) — the Court (Third Chamber), composed of:              Advocate-General; L. Hewlett, Administrator, for the
   C. Gulmann, President of the Chamber, J. C. Moitinho de             Registrar, has given a judgment on 13 July 1995 , in which it
  Almeida (Rapporteur) and D. A. O. Edward, Judges; F. G.               rules :
  Jacobs, Advocate-General; R. Grass, for the Registrar, has
  given a judgment on 13 July 1995, in which it rules:
                                                                        a benefit with the characteristics and purpose of family
   the decreto ingiuntivo within the meaning ofBook IV ofthe            credit is concerned with both access to employment and
   Italian Code of Civil Procedure (Articles 633 to 656),               working conditions and falls, therefore, within the scope of
   together with the application instituting the proceedings,           Council Directive 76/207/EEC of 9 February 1976 on the
   must be regarded as 'the document which instituted                   implementation of the principle of equal treatment for men
 ---pagebreak--- No C 268/4              EN                   Official Journal of the European Communities                                   14 . 10 . 95
and women as regards access to employment, vocational                                 JUDGMENT OF THE COURT
training and promotion, and working conditions.                                                 ( Sixth Chamber)
                                                                                               of 11 August 1995
( 1 ) OJ No C 174 , 26 . 6 . 1994 .
                                                                        in Joined Cases C-367/93 to C-377/93 (references for a
                                                                        preliminary ruling from the Tariefcommissie): F. G. Roders
                                                                        BV and Others v. Inspecteur der Invoerrechten en
                                                                                                   Accijnzen (*)
                                                                        (Excise duties on wine — Discriminatory internal taxation
                                                                                               — Benelux system)
                JUDGMENT OF THE COURT                                                              95/C 268/08 )
                          ( Sixth Chamber)
                           of 13 July 1995                                              (Language of the case: Dutch)
in Case        C-216/94 : Commission of the             European
            Communities v. Kingdom of Belgium ( 1 )                     (Provisional translation; the definitive translation will be
(Failure to fulfil Treaty obligations — Directive 89/48/EEC                      published in the European Court Reports)
— Recognition of higher-education diplomas awarded on
completion ofprofessional education and training ofat least
                       three years ' duration)                          In Joined Cases C-367/93 to C-377/93 : references to the
                            ( 95/C 268/07 )
                                                                        Court under Article 177 of the EEC Treaty from the
                                                                        Tariefcommissie ( Administrative Court for Customs and
                                                                        Excise ), Netherlands, for a preliminary ruling in the
                 (Language of the case: Frencb)                         proceedings pending before that court between F. G. Roders
                                                                        BV ( C-367/93 to C-370/93 ), RSK Internationale
                                                                        Expeditieen Vervoeronderneming BV ( C-371/93 and
(Provisional translation; the definitive translation will be            C-372/93 ), Damco van Swieten BV ( C-373/93 and
           published in the European Court Reports)                     C-377/93 ), VGL Internationale Expeditie BV ( C-374/93
                                                                        and C-375/93 ), Zaans Veem BV ( C-376/93 ) and Inspecteur
In Case C-216/94 : Commission of the European                           der Invoerrechten en Accijnzen — on the interpretation of
Communities ( agent: Marie-José Jonczy ) v. Kingdom of                  Article 95 of the EEC Treaty — the Court ( Sixth Chamber ),
Belgium ( agent: Jan Devadder ) — application for a                     composed of: F. A. Schockweiler, President of the Chamber,
declaration that, by not adopting within the prescribed                 P. J. G. Kapteyn, G. F. Mancini, C. N. Kakouris and
period the measures necessary to comply with Council                    J. L. Murray ( Rapporteur ), Judges; G. Tesauro,
Directive 89/48/EEC of 21 December 1988 on a general                    Advocate-General; H. A. Rùhl , Principal Administrator, for
system for the recognition of higher-education diplomas                 the Registrar, has given a judgment on 11 August 1995 , in
                                                                        which it rules that :
awarded on completion of professional education and
training of at least three years' duration ( OJ No L 19 , p . 16 ),
and, in the alternative, by not notifying such measures to the          1 , a Member State may not rely on Article 233 of the EEC
Commission, the Kingdom of Belgium has failed to fulfil its                  Treaty in order to avoid its obligations under Article 95
obligations under the EC Treaty — the Court ( Sixth                          of that Treaty where this is not indispensable for the
 Chamber ), composed of: F. A. Schockweiler, President of                    good functioning of the Benelux system;
the Chamber, P. J. G. Kapteyn, G. F. Mancini, J. L. Murray
 ( Rapporteur ) and H. Ragnemalm, Judges; C. O. Lenz,
Advocate-General; R. Grass, Registrar, has given a                      2 , the first paragraph of Article 95 of the EEC Treaty is to
judgment on 13 July 1995 , in which it rules:                                be interpreted as meaning that it is for the national
                                                                             court, having regard to the criteria identified by the
                                                                             Court of Justice, to assess whether:
 1 , by not adopting within the prescribed period the
      measures necessary to comply with Council Directive                    — products such as, on the one hand, red table wine,
       89/48/EEC of 21 December 1988 on a general system                         quality red wines produced in specified regions,
      for the recognition of higher-education diplomas                           sherry, madeira and vermouth and, on the other
      awarded on completion of professional education and                        hand, still fruit wines whose alcoholic strength does
       training ofat least three years ' duration, the Kingdom of                not exceed 15% vol, are similar;
       Belgium has failed to fulfil its obligations under the EC
       Treaty;                                                               — products such as champagne and sparkling fruit
                                                                                 wines whose alcoholic strength does not exceed
 2 , the Kingdom of Belgium is ordered to pay the costs.                         15% vol are similar.
 (') OJ No C 275 , 1 . 10 . 1994 .                                       3 . The second paragraph of Article 95 is to be interpreted
                                                                             as meaning that, in order to assess the compatibility ofa
                                                                             fiscal charge, account must be taken of the impact of
                                                                             that charge on the competitive relationships between the