CELEX: C1996/095/02
Language: en
Date: 1996-03-30 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 8 February 1996 in Case C-8/94 (reference for a preliminary ruling from the Nederlandse Raad van State): C. B. Laperre v. Bestuurscommissie Beroepszaken in de Provincie Zuid-Holland (Equal treatment for men and women in matters of social security - Article 4 (1) of Directive 79/7/EEC - Statutory scheme of social assistance for older and/or partially incapacitated workers who are long-term unemployed - Conditions relating to previous employment and age)

30 . 3 . 96           EN                   Official Journal of the European Communities                                    No C 95/ 1
                                                                      I
                                                                (Information)
                                                COURT OF JUSTICE
                                                             COURT OF JUSTICE
                JUDGMENT OF THE COURT                                     is awarded and, consequently, only persons possessing that
                         ( Sixth Chamber )                                higher-education diploma as a rule seek employment in, and
                                                                         pursue, that profession.
                       of 1 February 1996
 in Case C-164/94 (reference for a preliminary ruling from                (') OJ No C 218 , 6 . 8 . 1994 .
 the Oberverwaltungsgericht Berlin ): Georgios Aranitis v.
                           Land Berlin ()
 (General system for the recognition of higher-education
 diplomas — Conditions: indirectly imposed by national
                 rules — Regulated profession)                                           JUDGMENT OF THE COURT
                            ( 96/C 95/01 )                                                       (Fourth Chamber)
                (Language of the case: German)                                                  of 8 February 1996
                                                                         in Case C-8/94 ( reference for a preliminary ruling from
 (Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                         the Nederlandse Raad van State ): C. B. Laperre v.
                                                                               Bestuurscommissie Beroepszaken in de Provincie
In Case C-164/94 : reference to the Court under Article 177                                        Zuid-Holland ( 1 )
of the EC Treaty by the Oberverwaltungsgericht Berlin for a               (Equal treatment for men and women in matters of social
preliminary ruling in the proceedings pending before that                security — Article 4 (1) ofDirective 79/7/EEC — Statutory
court between Georgios Aranitis and Land Berlin on the                   scheme of social assistance for older and/or partially
interpretation of Articles 1 ( c ) and ( d ) and 7 ( 1 ) of Council      incapacitated workers who are long-term unemployed —
Directive 89/48/EEC of 21 December 1988 on a general                         Conditions relating to previous employment and age)
system for the recognition of higher-education diplomas                                              ( 96/C 95/02 )
awarded on completion of professional education and
training of at least three years ' duration ( OJ No L 19 ,                                 (Language of the case: Dutch)
 1989 , p. 16 ), the Court ( Sixth Chamber ), composed
of: D. N. Kakouris, President of the Chamber,
F. A. Schockweiler, P. J. G. Kapteyn, J. L. Murray                       (Provisional translation; the definitive translation will be
( Rapporteur ) and H. Ragnemalm, Judges; P. Leger,                                published in the European Court Reports)
Advocate-General ; D. Loutermann-Hubeau , Principal
Administrator, for the Registrar, has given a judgment in                In Case C-8/94 : reference to the Court under Article 177 of
which it ruled that:                                                     the EC Treaty from the Nederlandse Raad van State ( State
                                                                         Council of the Netherlands ) for a preliminary ruling in the
Article 1 (c) in conjunction with Article 1 (d) of Council               proceedings pending before that court between C. B.
Directive 89/48/EEC of 21 December 1988 on a general                     Laperre and Bestuurscommissie Beroepszaken in de
system for the recognition of higher-education diplomas                  Provincie Zuid-Holland — on the interpretation of
awarded on completion of professional education and                      Article 4 ( 1 ) of Council Directive 79/7/EEC of 19 December
training of at least three years ' duration must be interpreted          1978 on the progressive implementation of the principle of
as meaning that a profession cannot be described as                      equal treatment for men and women in matters of social
regulated when there are in the host Member State no laws,               security ( OJ No L 6 , 1979 , p. 24 ) — the Court ( Fourth
regulations or administrative provisions governing the                   Chamber ), composed of: C. N. Kakouris ( Rapporteur ),
taking up or pursuit of that profession or ofone of its modes            President of the Chamber, P. J. G. Kapteyn and J. L. Murray,
of pursuit, even though the only education and training                  Judges; C. O. Lenz, Advocate-General ; R. Grass, Registrar,
leading to it consists of at least four and a half years of              has given a judgment on 8 February 1996 , in which it
higher-education studies on completion of which a diploma                rules :
 ---pagebreak---  No C 95/2             EN                 Official Journal of the European Communities                                      30 . 3 . 96
Article 4 (1 ) of Council Directive 79/7'/EEC of 19 December               the species concerned is a species of naturally occurring
 1978 on the progressive implementation of the principle of                birds in the wild state in the European territory of the
 equal treatment for men and women in matters of social                    Member States to which the Treaty applies — subject to
security must be interpreted as meaning that a national                    the option to derogate provided for by Article 9.
statutory scheme, such as that established by the IOAW,
 which provides for a benefit designed to guarantee                  2 . Directive 79/409/EEC is not applicable to specimens of
 beneficiaries income at the level of the social minimum,                  birds born and reared in captivity.
 irrespective as to whether the claimant has any resources but
subject to conditions relating to his previous employment
and age, does not involve discrimination on grounds of sex           3 . Directive 79/409/EEC requires each Member State to
even if it is established that a much greater number of men               ensure the protection of a species of bird naturally
 than women find in that scheme a way of avoiding the                     occurring in the wild state in the European territory of
means test which, in contrast, has to be satisfied in the case            the Member States to which the Treaty applies, even if
of another scheme, such as that established by the RWW,                   the natural habitat of the species in question does not
which, albeit providing for a benefit of the same type, is less           occur in the territory of the Member State concerned.
favourable, since the national legislature was reasonably
entitled to consider that the scheme in question was                 (') OJ No C 202 , 23 . 7. 1994 .
necessary in order to attain a social policy aim unrelated to
any discrimination on grounds of sex.
(') OJ No C 59 , 26 . 2 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                            (Third Chamber)
                                                                                           of 8 February 1996
                                                                    in Case C-166/94 (reference for a preliminary ruling by
               JUDGMENT OF THE COURT                                the Corte d'Appello, Salerno ): Pezzullo Molini Pastifici
                        (Third Chamber )                                 Mangimifici SpA against Ministero delle Finanze ( l )
                      of 8 February 1996                             (Inward processing arrangements — National legislation
in Case C-149/94 ( reference for a preliminary ruling from          providing for default interest on agricultural levies and
the Tribunale de Grande Instance, Caen ): Criminal                   VAT for the period between temporary and definitive
             proceedings against Didier Vergy ( 1 )                                            importation)
 (Directive 79/409/EEC on the conservation of wild birds —                                     ( 96/C 95/04 )
Prohibition of sale — Specimen born and reared in
                              captivity)                                              (Language of the case: Italian)
                           ( 96/C 95/03 )
                                                                    (Provisional translation; the definitive translation will be
                (Language of the case: French)                           published in the Reports of Cases before the Court)
(Provisional translation; the definitive translation will be        In Case C- 166/94 — reference by the Corte d'Appello
         published in the European Court Reports)                   ( Court of Appeal ), Salerno, for a preliminary ruling in the
                                                                    proceedings pending before that court between Pezzullo
                                                                    Molini Pastifici Mangimifici SpA and Ministero delle
In Case C-149/94 : reference to the Court under Article 177         Finanze on the interpretation of Articles 9 , 12, 13 , 30 and 38
of the EC Treaty from the Tribunale de Grande Instance              of the EC Treaty and Article 18 ( 2 ) of Council Regulation
( Regional Court), Caen ( France ), for a preliminary ruling in     ( EEC ) No 2727/75 of 29 October 1975 on the common
the criminal proceedings pending before that court against          organization of the market in cereals ( OJ No L 281 , 1975 ,
Didier Vergy — on the interpretation of Council Directive           p. 1 ) and Article 16 of Council Directive 69/73/EEC of
79/409/EEC of 2 April 1979 on the conservation of wild              4 March 1969 on the harmonization of provisions laid
birds ( OJ No L 103 , 1979 , p. 1 ) — the Court (Third              down by law, regulation or administrative action in respect
Chamber ), composed of: J. -P. Puissochet, President of the         of inward processing ( OJ English Special Edition 1969 ( I ),
Chamber, J. C. Moitinho de Almeida and C. Gulmann                   p. 75 ) — the Court (Third Chamber ), composed of J. -P.
( Rapporteur ), Judges; N. Fennelly, Advocate-General; H.           Puissochet, President of the Chamber, J. C. Moitinho de
von Holstein, Administrator, for the Registrar, gave a              Almeida and C. Gulmann ( Rapporteur ), Judges; F. G:
judgment on 8 February 1 996 , the operative part of which is       Jacobs, Advocate-General; R. Grass, Registrar, gave a
as follows :                                                        judgment on 8 February 1996, the operative part of which is
                                                                    as follows :
1 . Council Directive 79/409/EEC of 2 April 1979 on the
     conservation ofwild birds requires the Member States to        1 . Council Directive 69/73/EEC of 4 March 1969 on the
     prohibit trade in specimens belonging to a species ofbird            harmonization of provisions laid down by law,
     which is not listed in the Annexes thereto — in so far as            regulation or administrative action in respect of inward