CELEX: C2000/335/22
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 26 September 2000 in Case C-443/98 (reference for a preliminary ruling from the Pretore di Milano (Italy)): Unilever Italia SpA v Central Food SpA (Technical standards and regulations — Obligations of notification and postponement of adoption — Applicability in civil proceedings)

C 335/12                  EN                      Official Journal of the European Communities                                        25.11.2000
de Palma de Mallorca, Spain, for a preliminary ruling in                     23 March 1994 materially amending for the second time
the proceedings pending before that court between Bärbel                     Directive 83/189/EEC (OJ 1994 L 100, p. 30) — the Court,
Kachelmann and Bankhaus Hermann Lampe KG — on the                            composed of: G.C. Rodrı́guez Iglesias, President, L. Sevón and
interpretation of Article 5(1) of Council Directive 76/207/EEC               R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn,
of 9 February 1976 on the implementation of the principle of                 C. Gulmann (Rapporteur), J.-P. Puissochet, H. Ragnemalm,
equal treatment for men and women as regards access to                       M. Wathelet and V. Skouris, Judges; F.G. Jacobs, Advocate
employment, vocational training and promotion, and working                   General; D. Louterman-Hubeau, Principal Administrator, for
conditions (OJ 1976 L 39, p. 40) — the Court (Fifth Chamber),                the Registrar, has given a judgment on 26 September 2000, in
composed of: D.A.O. Edward, President of the Chamber,                        which it has ruled:
L. Sevón, P.J.G. Kapteyn (Rapporteur), H. Ragnemalm and
M. Wathelet, Judges; A. Saggio, Advocate General; L. Hewlett,                A national court is required, in civil proceedings between individuals
Administrator, for the Registrar, has given a judgment on                    concerning contractual rights and obligations, to refuse to apply a
26 September 2000, on which it ruled:                                        national technical regulation which was adopted during a period of
                                                                             postponement of adoption prescribed in Article 9 of Council
Articles 2(1) and 5(1) of Council Directive 76/207/EEC of                    Directive 83/189/EEC laying down a procedure for the provision of
9 February 1976 on the implementation of the principle of equal              information in the field of technical standards and regulations, as
treatment for men and women as regards access to employment,                 amended by Directive 94/10/EC of the European Parliament and
vocational training and promotion, and working conditions must be            the Council of 23 March 1994 materially amending for the second
interpreted as not precluding an interpretation of a national rule,          time Directive 83/189.
such as that contained in Article 1(3) of the Kündigungsschutzgesetz
in the version in force until 30 September 1996, which proceeds on
the general basis that part-time workers are not to be compared with         (1) OJ C 33 of 6.2.1999.
full-time workers when an employer has to proceed to selection on the
basis of social criteria when abolishing a part-time job on economic
grounds.
(1) OJ C 312 of 10.10.1998.
                                                                                              JUDGMENT OF THE COURT
                                                                                                   of 26 September 2000
                  JUDGMENT OF THE COURT                                      in Case C-478/98: Commission of the European Communi-
                                                                                              ties v Kingdom of Belgium (1)
                        of 26 September 2000
                                                                             (Loans issued abroad — Prohibition of acquisition by Belgian
                                                                                                          residents)
in Case C-443/98 (reference for a preliminary ruling from
the Pretore di Milano (Italy)): Unilever Italia SpA v Central
                              Food SpA (1)                                                             (2000/C 335/23)
(Technical standards and regulations — Obligations of
notification and postponement of adoption — Applicability                                        (Language of the case: French)
                          in civil proceedings)
                                                                             (Provisional translation; the definitive translation will be published
                            (2000/C 335/22)
                                                                                                in the European Court Reports)
                      (Language of the case: Italian)                        In Case C-478/98: Commission of the European Communities
                                                                             (Agents: H. Michard and B. Mongin v Kingdom of Belgium
                                                                             (Agent: A. Snoecx, assisted by B. van de Walle de Ghelcke) —
(Provisional translation; the definitive translation will be published       application for a declaration that, by prohibiting the acquisition
                     in the European Court Reports)                          by persons resident in Belgium of securities of a loan issued
                                                                             abroad, the Kingdom of Belgium has failed to fulfil its
In Case C-443/98: reference to the Court under Article 177 of                obligations under Article 73b of the EC Treaty (now Article
the EC Treaty (now Article 234 EC) from the Pretore di Milano                56 EC) — the Court, composed of: G.C. Rodrı́guez Iglesias,
(Magistrate, Milan) for a preliminary ruling in the proceedings              President, J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón
pending before that court between Unilever Italia SpA and                    and R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn
Central Food SpA — on the interpretation of Council Directive                (Rapporteur), C. Gulmann, A. La Pergola, J.-P. Puissochet,
83/189/EEC of 28 March 1983 laying down a procedure for                      P. Jann, and H. Ragnemalm, Judges; F.G. Jacobs, Advocate
the provision of information in the field of technical standards             General; D. Louterman-Hubeau, Principal Administrator, for
and regulations (OJ 1983 L 109, p. 8), as amended by Directive               the Registrar, has given a judgment on 26 September 2000, in
94/10/EC of the European Parliament and the Council of                       which it: