CELEX: C1997/199/23
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 2 May 1997 by the Commission of the European Communities against the Portuguese Republic (Case C-169/97)

No C 199/12                EN                Official Journal of the European Communities                                    28 . 6 . 97
on 2 May 1997, for a preliminary ruling in the case of                        widening the scope of Directive 81/851/EEC (2 ) on
The Queen against Secretary of State for Defence, ex                          the approximation of provisions laid down by
parte: Terence Perkins, on the following question(s ):                        law, regulation or administrative action relating
                                                                              to veterinary medicinal products and laying down
1 . Must the requirement in Article 2 ( 1 ) of Council                        additional provisions on homeopathic veterinary
     Directive 76/207/EEC (') ('the Equal Treatment                           medicinal products, the Portuguese Republic has failed
     Directive') that there shall be ' no discrimination on the               to fulfil its obligations under the third paragraph of
     grounds of sex either directly or indirectly by reference                Article 189 of the EC Treaty and Article 10 of
     in particular to marital or family status' be interpreted                Directive 92/74/EEC,
     as including discrimination based on a person's sexual
     orientation ?                                                      — in the alternative, declare that, by not informing the
                                                                              Commission forthwith of such measures, the
     If the answer to question I is yes, then:                                Portuguese Republic has failed to fulfil its obligations
                                                                              under the abovementioned provisions;
2 . Whether a policy adopted by a Member State without
     any exception or qualification to discharge from the               — order the Portuguese Republic to pay the costs.
     armed forces any person of homosexual orientation, is
     outside the scope of the EC Treaty and the legislation             Pleas in law and main arguments adduced in support:
     thereunder if the Member State considers that it is
     appropriate and necessary for the purposes of ensuring
     combat effectiveness of its armed forces in the event of           The mandatory nature of the provisions of the third
     war and so for the essential purpose of the defence of             paragraph of Article 189 and the first paragraph of
     that Member State .                                                Article 5 of the EC Treaty requires Member States to
                                                                        adopt the measures necessary to transpose directives
                                                                        addressed to them into their domestic law before the
     If the answer to question 2 is 'no', then:                         expiry of the period prescribed for doing so and forthwith
                                                                        to inform the Commission thereof. That period, which is
3 . Whether the policy adopted by "the Secretary of State               laid down in Article 10 of the Directive, expired on
     without any exception or qualification to discharge                31 December 1993 without the Portuguese Republic
     from the Services any person of homosexual                         having brought into force the necessary provisions .
     orientation is capable of being justified under Article 2
     (2 ) of the Equal Treatment Directive and, if so, what             (') OJ No L 2 97, 13 . 10. 1992 , p . 12 .
     approach and guidelines should be adopted in                       ( 2 ) OJ No L 317, 6 . 11 . 1981 , p . 1 .
     determining whether the policy is justified ?
(') Council Directive 76/207/EEC of 9 February 1976 on the
    implementation of the principle of equal treatment for men
    and women as regards access to employment, vocational
    training and promotion, and working conditions ( OJ No L 39,
    14 . 2 . 1976 , p. 40 ).                                            Action brought on 2 May 1997 by the Commission of the
                                                                            European Communities against the Portuguese Republic
                                                                                                   ( Case C-l 70/97 )
                                                                                                     ( 97/C 199/24 )
Action brought on 2 May 1997 by the Commission of the                   An action against the Portuguese Republic was brought
   European Communities against the Portuguese Republic                 before the Court of Justice of the European Communities
                             Case C-169/97 )                            on 2 May 1997 by the Commission of the European
                                                                        Communities, represented by Francisco de Sousa Fialho,
                             ( 97/C 199/23 )
                                                                        of its Legal Service, acting as Agent, with an address for
                                                                        service in Luxembourg at the office of Carlos Gomez de la
An action brought against the Portuguese Republic was                   Cruz, of its Legal Service, Wagner Centre, Kirchberg.
brought before the Court of Justice of the European
Communities on 2 May 1997 by the Commission of the                      The applicant claims that the Court should :
European Communities, representend by Francisco de
Sousa Fialho, of its Legal Service, acting as Agent, with an
address for service in Luxembourg at the office of Carlos               — declare that, by failing to adopt the laws, regulations
Gomez de la Cruz, Wagner Centre, Kirchberg.                                    or administrative provisions necessary to comply with
                                                                               Commission Directive 91/412/EEC ( 1 ) of 23 July 1991
                                                                               laying down the principles and guidelines of good
The applicant claims that the Court should:                                    manufacturing practice for veterinary medicinal
                                                                               products, the Portuguese Republic has failed to fulfil
— declare that, by failing to adopt the laws, regulations                      its obligations under the third paragraph of Article 189
      or administrative provisions necessary to comply with                    of the EC Treaty and Article 15 of Directive 91 /412/
      Council Directive 92/74/EEC (') of 22 September 1992                     EEC ,