CELEX: C1999/352/11
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court (First Chamber) of 9 September 1999 in Case C-257/98 P: Arnaldo Lucaccioni v Commission of the European Communities (Appeal - Action for damages)

C 352/6                 EN                      Official Journal of the European Communities                                           4.12.1999
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                 of 14 September 1999
                          (First Chamber)
                                                                           in Case C-249/97 (reference for a preliminary ruling from
                                                                           the Landesgericht Linz): Gabriele Gruber v Silhouette
                      of 9 September 1999                                             International Schmied GmbH & Co. KG (1)
                                                                           (Equal pay for men and women — Payments on termination
in Case C-257/98 P: Arnaldo Lucaccioni v Commission of
                                                                                       of employment — Indirect discrimination)
                 the European Communities (1)
                                                                                                      (1999/C 352/12)
                (Appeal — Action for damages)
                                                                                               (Language of the case: German)
                          (1999/C 352/11)
                                                                           (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                    (Language of the case: French)
                                                                           In Case C-249/97: reference to the Court under Article 177 of
                                                                           the EC Treaty (now Article 234 EC) from the Landesgericht
                                                                           (Regional Court) Linz (Austria) for a preliminary ruling in the
                                                                           proceedings pending before that court between Gabriele
(Provisional translation; the definitive translation will be published     Gruber and Silhouette International Schmied GmbH & Co. KG
                   in the European Court Reports)                          — on the interpretation of Article 119 of the EC Treaty
                                                                           (Articles 117 to 120 of the EC Treaty have been replaced by
                                                                           Articles 136 EC to 143 EC) —the Court, composed of:
In Case C-257/98 P: Arnaldo Lucaccioni, a former official of               G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn (Rapporteur),
the Commission of the European Communities, residing in                    J.-P. Puissochet, G. Hirsch and P. Jann (Presidents of Cham-
Paris, represented by Georges Vandersanden, Laure Levi and                 bers), J.C. Moitinho de Almeida, C. Gulmann, J.L. Murray,
Olivier Eben, of the Brussels Bar, with an address for service in          D.A.O. Edward, H. Ragnemalm, L. Sevón, M. Wathelet and
Luxembourg at the offices of Fiduciaire Myson SARL, 30 Rue                 R. Schintgen, Judges; P. Léger, Advocate General; H.A. Rühl,
de Cessange — appeal against the judgment of the Court of                  Principal Administrator, for the Registrar, has given a judgment
First Instance (Second Chamber) of 14 May 1998 in Case                     on 14 September 1999, in which it has ruled:
T-165/95 Lucaccioni v Commission[1998] ECR-SC I-A-203
and II-627, seeking to have that judgment set aside, the other             1. Article 119 of the EC Treaty (Articles 117 to 120 of the EC
party to the proceedings being Commission of the European                       Treaty have been replaced by Articles 136 EC to 143 EC) does
Communities (Agent: Julian Currall, assisted by Jean-Luc                        not preclude national legislation under which a termination
Fagnart) — the Court (First Chamber), composed of: P. Jann,                     payment is granted to workers who end their employment
President of the Chamber, D.A.O. Edward and L. Sevón                           relationship prematurely in order to take care of their children
(Rapporteur), Judges; S. Alber, Advocate General; H.A. Rühl,                    owing to a lack of child-care facilities for them, where that
Principal Administrator, for the Registrar, has given a judgment                payment is reduced in relation to that received, for the same
on 9 September 1999, in which it:                                               actual period of employment, by workers who give notice of
                                                                                resignation for an important reason related to working conditions
                                                                                in the undertaking or to the employer’s conduct.
1. Dismisses the appeal;
                                                                           2. The fact that in the Member State concerned nurseries are mostly
2. Orders Mr Lucaccioni to pay the costs.                                       run by the public services or with their financial support does not
                                                                                affect the answer given to the first question.
(1) OJ C 278 of 5.9.1998.
                                                                           (1) OJ C 271 of 6.9.1997.