CELEX: C2002/118/29
Language: en
Date: 2002-05-18 00:00:00
Title: Case C-83/02: Action brought on 12 March 2002 by the Commission of the European Communities against the Hellenic Republic

C 118/18               EN                   Official Journal of the European Communities                                     18.5.2002
Reference for a preliminary ruling by the Verwaltungsger-              The Commission claims that the Court should:
icht Sigmaringen by order of that Court of 10 December
2001 in the case of Ms Erika Steinicke against Bundesan-               —     declare that, by failing to adopt and to communicate
                          stalt für Arbeit                                   to the Commission within the time-limit laid down
                                                                             (16 September 1999) the plans, outlines and summaries
                                                                             required under Articles 11 and 4(1) of Council Directive
                          (Case C-77/02)                                     96/59/EC (1) of 16 September 1996 on the disposal of
                                                                             polychlorinated biphenyls and polychlorinated ter-
                                                                             phenyls (PCB/PCT), the Hellenic Republic has failed to
                         (2002/C 118/28)                                     fulfil its obligations under the EC Treaty;
                                                                       —     order the Hellenic Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht                Pleas in law and main arguments
Sigmaringen (Administrative Court, Sigmaringen) of
10 December 2001, received at the Court Registry on 7 March
2002, for a preliminary ruling in the case of Ms Erika Steinicke       In accordance with the third paragraph of Article 249 EC,
against Bundesanstalt für Arbeit on the following question:            directives are binding, as to the result to be achieved, upon
                                                                       each Member State to which they are addressed.
Do Articles 141 of the EC Treaty, Directives 75/117/EEC (1),
76/207/EEC (2) and/or Directive 97/81/EC (3) preclude the rule         Under the first paragraph of Article 10 EC, Member States are
in Paragraph 72(b)(1)(1)(2) of the Bundesbeamtengesetz (Law            to take all appropriate measures, whether general or particular,
on public servants), in the 3 March 1999 version that was in           to ensure fulfilment of the obligations arising out of the Treaty
force until 30 June 2000, to the effect that part-time status on       or resulting from action taken by the institutions of the
grounds of old age may be accorded only to public servants             Community.
who have worked full-time for a total of at least three of the
five years preceding their conversion to such part-time status,
if significantly more women than men work part-time, and               It is not disputed by the Hellenic Republic that it must adopt
are consequently excluded under that provision from being              measures to comply with the abovementioned directive.
accorded part-time status on grounds of old age?
                                                                       The Commission records that until now the Hellenic Republic
                                                                       has not adopted the appropriate measures for the full incorpor-
(1) OJ L 45, p. 19.                                                    ation of the directive at issue into Greek law.
(2) OJ L 39, p. 40.
(3) OJ 1998 L 14, p. 9.
                                                                       (1) OJ L 243, 24.9.1996, p. 31.
                                                                       Reference for a preliminary ruling by De Arbeidsrecht-
                                                                       bank van het Arrondissement Tongeren by order of that
Action brought on 12 March 2002 by the Commission of                   Court of 11 March 2002 in the case of Nina Kristiansen
the European Communities against the Hellenic Republic                         against Rijksdienst voor Arbeidsvoorziening
                                                                                                  (Case C-92/02)
                          (Case C-83/02)
                                                                                                 (2002/C 118/30)
                         (2002/C 118/29)
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by order of De Arbeidsrechtbank
An action against the Hellenic Republic was brought before             van het Arrondissement Tongeren (Tongeren District Labour
the Court of Justice of the European Communities on 12 March           Court) of 11 March 2002, received at the Court Registry on
2002 by the Commission of the European Communities,                    15 March 2002, for a preliminary ruling in the case of Nina
represented by Hans Stovlbaek and Minas Konstantinidis, Legal          Kristiansen against Rijksdienst voor Arbeidsvoorziening on
Advisers.                                                              the following questions: