CELEX: C1998/278/09
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT of 30 June 1998 in Case C-394/96 (reference for a preliminary ruling from the House of Lords): Mary Brown v. Rentokil Initial UK Limited (formerly Rentokil Limited) (Equal treatment for men and women - Dismissal of a pregnant woman - Absences due to illness arising from pregnancy)

C 278/6              EN                Official Journal of the European Communities                                       5.9.98
              JUDGMENT OF THE COURT                               after a stipulated number of weeks of continuous absence
                                                                  does not affect the answer given.
                      of 30 June 1998
                                                                  (1) OJ C 40, 8.2.1997.
in Case C-394/96 (reference for a preliminary ruling from
the House of Lords): Mary Brown v. Rentokil Initial UK
           Limited (formerly Rentokil Limited) (1)
(Equal treatment for men and women Ð Dismissal of a
pregnant woman Ð Absences due to illness arising from
                         pregnancy)
                       (98/C 278/09)                                             JUDGMENT OF THE COURT
                                                                                         (Second Chamber)
                                                                                           of 2 July 1998
                                                                  in Joined Cases C-225/95, C-226/95 and C-227/95
               (Language of the case: English)                    (reference for a preliminary ruling from the Diikitiko
                                                                  Protodikio, Athens): Anestis Kapasakalis and Others v.
                                                                                           Greek State (1)
                                                                  (Directive 89/48/EEC Ð General system for the
                                                                  recognition of higher-education diplomas Ð Scope Ð
In Case C-394/96: reference to the Court under Article 177                Situation purely internal to a Member State)
of the EC Treaty from the House of Lords (United
                                                                                           (98/C 278/10)
Kingdom) for a preliminary ruling in the proceedings
pending before that court between Mary Brown and
Rentokil Initial UK Limited (formerly Rentokil Limited)
Ð on the interpretation of Articles 2(1) and 5(1) of
Council Directive 76/207/EEC of 9 February 1976 on the                            (Language of the case: Greek)
implementation of the principle of equal treatment for
men and women as regards access to employment,
vocational training and promotion, and working
conditions (OJ L 39, 14.2.1976, p. 40) Ð the Court,
composed of: C. Gulmann, President of the Third and                 (Provisional translation; the definitive translation will be
Fifth Chambers, acting as President, H. Ragnemalm, M.                      published in the European Court Reports)
Wathelet and R. Schintgen (Presidents of Chambers), G. F.
Mancini, P. J. G. Kapteyn (Rapporteur), J. L. Murray,
D. A. O. Edward, J.-P. Puissochet, P. Jann and L. Sevón,
Judges; D. Ruiz-Jarabo Colomer, Advocate-General; H.              In Joined Cases C-225/95, C-226/95 and C-227/95:
Von Holstein, Deputy Registrar, for the Registrar, has            reference to the Court under Article 177 of the EC Treaty
given a judgment on 30 June 1998, in which it has ruled:          from the Diikitiko Protodikio (Administrative Court of
                                                                  First Instance), Athens, for a preliminary ruling in the
                                                                  proceedings pending before that court between Anestis
                                                                  Kapasakalis, Dimitris Skiathitis, Antonis Kougiankas and
                                                                  Greek State Ð on the interpretation of Council Directive
                                                                  89/48/EEC of 21 December 1988 on a general system for
Articles 2(1) and 5(1) of Council Directive 76/207/EEC of         the recognition of higher-education diplomas awarded on
9 February 1976, on the implementation of the principle           completion of professional education and training of at
of equal treatment for men and women as regards access            least three years' duration (OJ L 19, 24.1.1989, p. 16) Ð
to employment, vocational training and promotion, and             the Court (Second Chamber), composed of: R. Schintgen,
working conditions, preclude dismissal of a female worker         President of the Chamber, G. F. Mancini (Rapporteur) and
ant any time during her pregnancy for absences due to             G. Hirsch, Judges; C. O. Lenz, Advocate-General; L.
incapacity for work caused by illness resulting from that         Hewlett, Administrator, for the Registrar, has given a
pregnancy.                                                        judgment on 2 July 1998, in which it has ruled:
                                                                  A national of a Member State in a situation which is
                                                                  confined in all respects within that one Member State may
The fact that a female worker has been dismissed during           not rely on the rights conferred by Council Directive 89/
her pregnancy on the basis of a contractual term providing        48/EEC of 21 December 1988 on a general system for the
that the employer may dismiss employees of either sex             recognition of higher-education diplomas awarded on