CELEX: C1998/397/02
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 22 October 1998 in Case C-154/96 (reference for a preliminary ruling from the Tribunal du Travail, Brussels): Louis Wolfs v. Office National des Pensions (ONP) (Directive 79/7/EEC - Equal treatment - Old-age and retirement pensions - Method of calculation - Pensionable age)

C 397/2              EN                   Official Journal of the European Communities                                     19.12.98
              JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                       (Sixth Chamber)                                                      (Sixth Chamber)
                     of 22 October 1998                                                   of 22 October 1998
in Case C-154/96 (reference for a preliminary ruling from                   in Case C-184/96: Commission of the European
the Tribunal du Travail, Brussels): Louis Wolfs v. Office                         Communities v. French Republic (1)
               National des Pensions (ONP) (1)
                                                                     (Failure of a Member State to fulfil its obligations Ð
(Directive 79/7/EEC Ð Equal treatment Ð Old-age and                                   Article 30 of the EC Treaty)
retirement pensions Ð Method of calculation Ð
                       Pensionable age)                                                       (98/C 397/03)
                        (98/C 397/02)
                                                                                     (Language of the case: French)
               (Language of the case: French)
                                                                       (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)
                                                                     In Case C-184/96: Commission of the European
                                                                     Communities (Agents: Hendrik van Lier and Jean-Francis
                                                                     Pasquier) v. French Republic (Agents: Catherine de Salins
In Case C-154/96, Reference to the Court under                       and Gauthier Mignot) Ð application for a declaration
Article 177 of the EC Treaty by the Tribunal du Travail,             that, by adopting Decree No 93-999 of 9 August 1993
Brussels, for a preliminary ruling in the proceedings                relating to preparations with foie gras as a base without
pending before that court between: Louis Wolfs and Office            taking account of the contents of the Commission's
National des Pensions (ONP) Ð application for the                    detailed opinion and reasoned opinion concerning mutual
interpretation of Article 4(1) and Article 7(1)(a) of                recognition, the French Republic has failed to fulfil its
Council Directive 79/7/EEC of 19 December 1978 on the                obligations under Article 30 of the Treaty Ð the Court
progressive implementation of the principle of equal                 (Sixth Chamber), composed of: P. J. G. Kapteyn, President
treatment for men and women in matters of social security            of the Chamber, G. F. Mancini, J. L. Murray
(OJ L 6, 10.1.1979, p. 24) Ð the Court (Sixth Chamber),              (Rapporteur), H. Ragnemalm and R. Schintgen, Judges; A.
composed of: P. J. G. Kapteyn, President of the Chamber,             La Pergola, Advocate-General; H. von Holstein, Deputy
G. F. Mancini, J. L. Murray, H. Ragnemalm (Rapporteur)               Registrar, for the Registrar, has given a judgment on
and R. Schintgen, Judges; M. B. Elmer, Advocate-General;             22 October 1998, in which it:
D. Louterman-Hubeau, Principal Administrator, for the
Registrar, has given a judgment on 22 October 1998, in
which it rules:
                                                                     1. Declares that, by adopting Decree No 93-999 of
                                                                          9 August 1993 relating to preparations with foie gras
                                                                          as a base without including in it a mutual recognition
Article 7(1)(a) of Council Directive 79/7/EEC of                          clause for products coming from a Member State and
19 December 1978 on the progressive implementation of                     complying with the rules laid down by that State, the
the principle of equal treatment for men and women in                     French Republic has failed to fulfil its obligations
matters of social security must be interpreted as meaning                 under Article 30 of the Treaty;
that, if national legislation has maintained a different
pensionable age for male and female workers, the Member
State concerned is entitled to calculate the amount of
pension differently depending on the worker's sex.                   2. Orders the French Republic to pay the costs.
(1) OJ C 197, 6.7.1996.                                              (1) OJ C 210, 20.7.1996.