CELEX: C1996/269/35
Language: en
Date: 1996-09-14 00:00:00
Title: Reference for a preliminary ruling from the Arrondissementsrechtbank, Amsterdam, by judgment of that court of 16 July 1996 in the case of 1. R. O. J. Grahame and 2. L. M. Hollanders v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (Case C-248/96)

14. 9 . 96                I EN 1                 Official Journal of the European Communities                                 No C 269/ 17
      ( ii ) they have the right to a pension at the age of 55              1 . Are Articles 4 8 and 5 1 of the EC Treaty to be interpreted
              instead of the normal age of 60;                                   as meaning that the provisions of point 4 ( a ) or ( c ),
                                                                                 depending on the relevant time, of Part J of Annex VI to
( d ) the worker is deprived of the status of Mental Health                      Regulation ( EEC ) No 1408/71 are incompatible with
      Officer and the additional benefits attached thereto                       those Articles in so far as no account is taken of certain
      solely on the ground that her employment was part                          periods of work when calculating a pro rata benefit
      time ;                                                                     under the Wet op de Arbeidsongeschiktheids­
                                                                                 verzekering, for migrant workers ?
(e ) the national tribunal has held that the provisions
      described at ( c ) and ( d ) constitute discrimination on             2 . Is point 4 ( a ) or (c ), depending on the relevant time, of
      grounds of sex against women working part time in the                      Part J of Annex VI to Regulation ( EEC ) No 1408/71 , as
      care of the mentally ill ;                                                 they stood on 20 July 1991 and 17 June 1992
                                                                                 respectively, to be interpreted as meaning that periods of
( f) the pension which the worker receives and the                               paid employment and periods treated as such completed
      additional benefits which they claim, are only payable                     in the Netherlands before 1 July 1967 include :
      to them as and from their respective retirements in 1 992
      and 1994 , after their claims have been brought before                     ( a ) periods during which the person concerned was
      the national tribunal ; and                                                      performing his compulsory military service under
                                                                                       the Netherlands legislation;
(g) the calculation of the additional benefits from their
      respective retirement dates in 1992 and 1994 would
      involve counting their years of service prior to 1992 :                    ( b ) periods during which the person concerned was an
                                                                                       enlisted member of the Netherlands armed forces
                                                                                       and in that capacity came under a special statutory
       1 . From what date should the service on the workers                            insurance scheme against incapacity for work for
             be counted for the purpose of calculating the                             civil servants and persons treated as such ?
             additional benefits to which they are entitled
                                                                            3 . Is the answer to question 2 different if the periods during
                 ( i ) 8 April 1976                                              which the person concerned was performing his
                                                                                 compulsory military service under the Netherlands
               ( ii ) 17 May 1990                                                legislation were completed within or outside the
                                                                                 territory of the European Union ( at that time the
             ( iii ) some other and if so, what date ?                            European Community )?
       2 . Where the relevant national legislation restricts
             back-dating entitlement in the event of a successful
             claim to a period of two years prior to the date on
             which the claim was made , does this amount to the
             denial of an effective remedy under Community law
             and is the industrial tribunal obliged to disregard
             such provision in domestic law if it feels it necessary        Reference for a preliminary ruling by the Industrial
             to do so ?                                                     Tribunals , Southampton, by order of that court of 19 July
                                                                             1996 , in the case of Lisa Jacqueline Grant against
                                                                                                  South-West Trains Ltd
                                                                                                     ( Case C-249/96
                                                                                                        ( 96/C 269/36 )
 Reference for a preliminary ruling from the                                 Reference has been made to the Court of Justice of the
 Arrondissementsrechtbank, Amsterdam, by judgment of                         European Communities by order of the Industrial Tribunals
 that court of 16 July 1996 in the case of 1 . R. O.J. Grahame               of 1 9 July 1 996, which was received at the Court Registry on
  and 2 . L. M. Hollanders v. Bestuur van de Nieuwe Algemene                 22 July 1996 , for a preliminary ruling in the case of Lisa
                              Bedrijfsvereniging                            Jacqueline Grant against South-West Trains Ltd, on the
                               ( Case C-248/96 )                             following questions :
                                 ( 96/C 269/35 )
                                                                             1 . It is ( subject to 6 below ) contrary to the principle of
  Reference has been made to the Court of Justice of                              equal pay for men and women established by Article 119
  the European Communities by order of the                                        of the Treaty establishing the European Community and
  Arrondissementsrechtbank ( District Court ), Amsterdam, of                      by Article 1 of Council Directive 75/1 17/EEC (') for an
  16 July 1996 , which was received at the Court Registry on                      employee to be refused travel concessions for an
  22 July 1 996 , for a preliminary ruling in the case of 1 . R. O.               unmarried cohabiting same-sex partner where such
 J. Grahame and 2 . L. M. Hollanders v. Bestuur van de                            concessions are available for spouses or unmarried
  Nieuwe Algemene Bedrijfsvereniging on the following                             opposite sex cohabiting partners of such an
  questions :                                                                     employee ?