CELEX: C2003/101/13
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 27 February 2003 in Case C-320/01 (Reference for a preliminary ruling from the Arbeitsgericht Lübeck): Wiebke Busch v Klinikum Neustadt GmbH & Co. Betriebs-KG (Equal treatment for men and women — Article 2(1) of Directive 76/207/EEC — Protection of pregnant women)

26.4.2003                EN                           Official Journal of the European Union                                               C 101/7
(Rapporteur) and A. Rosas, Judges; S. Alber, Advocate General;                (Agents: K.-D. Borchardt and M. Niejahr), which contends that
L. Hewlett, Principal Administrator, for the Registrar, has given             the Court — composed of: G.C. Rodríguez Iglesias, (President),
a judgment on 25 February 2003, in which it:                                  J.-P. Puissochet, M. Wathelet, R. Schintgen (Rapporteur) and
                                                                              C.W.A. Timmermans, (Presidents of Chambers), C. Gulmann,
                                                                              D.A.O. Edward, A. La Pergola, P. Jann and V. Skouris, F. Macken
1.    Declares that, by introducing and maintaining in force rate-            and N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
      freezing rules applicable to all contracts of insurance in respect      A. Rosas, Judges; P. Léger, Advocate General; R. Grass,
      of third-party liability arising from the use of motor vehicles in
                                                                              Registrar, has given a judgment on 6 March 2003, in which it:
      relation to risks situated within Italian territory, without
      distinguishing between insurance companies having their head
      office in Italy and those conducting their business in Italy            1.    Dismisses the appeal;
      through branch offices or under the freedom to provide services,
      in breach of the principle of freedom to set premiums referred to
      in Articles 6, 29 and 39 of Council Directive 92/49/EEC of              2.    Orders T Port GmbH & Co. KG to pay the costs.
      18 June 1992 on the coordination of laws, regulations and
      administrative provisions relating to direct insurance other than
      life assurance and amending Directives 73/239/EEC and 88/               (1 ) OJ C 245 of 1 September 2001.
      357/EEC (third non-life insurance Directive), the Italian
      Republic has failed to fulfil its obligations under that directive;
2.    Dismisses the remainder of the application;
3.    Orders each party to bear its own costs.
( 1) OJ C 134 of 5.5.2001.                                                                     JUDGMENT OF THE COURT
                                                                                                        (Fifth Chamber)
                                                                                                     of 27 February 2003
                  JUDGMENT OF THE COURT                                       in Case C-320/01 (Reference for a preliminary ruling from
                                                                              the Arbeitsgericht Lübeck): Wiebke Busch v Klinikum
                                                                                          Neustadt GmbH & Co. Betriebs-KG (1)
                          of 6 March 2003
                                                                              (Equal treatment for men and women — Article 2(1) of
in Case C-213/01 P: T Port GmbH & Co. KG v Commission
                                                                                 Directive 76/207/EEC — Protection of pregnant women)
                of the European Communities ( 1)
(Appeal — Bananas — Imports from ACP States and                                                         (2003/C 101/13)
non-member countries — Calculation of annual reference
quantity allocated to operators — Imports in accordance
                                                                                                 (Language of the case: German)
with interim measures ordered by a national court in
       interlocutory proceedings — Action for damages)
                                                                              (Provisional translation; the definitive translation will be published
                           (2003/C 101/12)                                                       in the European Court Reports)
                    (Language of the case: German)
                                                                              In Case C-320/01: Reference to the Court under Article 234
(Provisional translation; the definitive translation will be published        EC by the Arbeitsgericht Lübeck (Germany) for a preliminary
                    in the European Court Reports)                            ruling in the proceedings pending before that court between
                                                                              Wiebke Busch and Klinikum Neustadt GmbH & Co. Betriebs-
                                                                              KG, on the interpretation of Article 2(1) of Council Directive
                                                                              76/207/EEC of 9 February 1976 on the implementation of the
In Case C-213/01 P: T Port GmbH & Co. KG, established in                      principle of equal treatment for men and women as regards
Hamburg (Germany) (lawyer: G. Meier) — appeal against the                     access to employment, vocational training and promotion,
judgment of the Court of First Instance (Fifth Chamber) of                    and working conditions (OJ 1976 L 39, p. 40), the Court (Fifth
20 March 2001 in Case T-52/99 (ECR II-981), seeking to have                   Chamber), composed of: M. Wathelet (Rapporteur), President
that judgment set aside in part, the other party to the                       of the Chamber, C.W.A. Timmermans, P. Jann, S. von Bahr
proceedings being Commission of the European Communities,                     and A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate
 ---pagebreak--- C 101/8                    EN                          Official Journal of the European Union                                               26.4.2003
General; M.-F. Contet, Principal Administrator, for the Regis-                 (Agent: C. Pochet): Application for a declaration that, in so far
trar, has given a judgment on 27 February 2003, in which it                    as the Région flamande (Flemish Region) has failed to transpose
has ruled:                                                                     Article 4(1) and (2) of and Annex I to Council Directive 79/
                                                                               409/EEC of 2 April 1979 on the conservation of wild birds
                                                                               (OJ 1979 L 103, p. 1), to demarcate special protection areas
1.     Article 2(1) of Council Directive 76/207/EEC of 9 February              within its territory capable of being relied upon as against
       1976 on the implementation of the principle of equal treatment          third parties, and to adopt the measures necessary to ensure
       for men and women as regards access to employment, vocational           that the classification of a site as a special protection area
       training and promotion, and working conditions is to be                 automatically and simultaneously entails the application of
       interpreted as precluding a requirement that an employee who,           a system of protection and conservation complying with
       with the consent of her employer, wishes to return to work              Community law, the Kingdom of Belgium has failed to fulfil
       before the end of her parental leave must inform her employer           its obligations under Article 4(1) and (2) in conjunction with
       that she is pregnant in the event that, because of certain              Article 4(4), as partially amended, of Directive 79/409 in
       legislative prohibitions, she will be unable to carry out all of her    accordance with Article 7 of Council Directive 92/43/EEC of
       duties.                                                                 21 May 1992 on the conservation of natural habitats and of
                                                                               wild fauna and flora (OJ 1992 L 206, p. 7), by Article 6(2) to
                                                                               (4) of the latter directive, the Court (Sixth Chamber), composed
2.     Article 2(1) of Directive 76/207 is to be interpreted as
                                                                               of: J.-P. Puissochet, President of the Chamber, R. Schintgen,
       precluding an employer from contesting under national law the
                                                                               C. Gulmann (Rapporteur), F. Macken and J.N. Cunha Rodri-
       consent it gave to the reinstatement of an employee to return
                                                                               gues, Judges; P. Léger, Advocate General; R. Grass, Registrar,
       before the end of her parental leave on the grounds that it was
       in error as to her being pregnant.                                      has given a judgment on 27 February 2003, in which it:
( 1) OJ C 303 of 27.10.2001.
                                                                               1.    Declares that, in so far as the Région flamande has failed to
                                                                                     transpose Article 4(1) and (2) of and Annex I to Council
                                                                                     Directive 79/409/EEC of 2 April 1979 on the conservation of
                                                                                     wild birds, to demarcate special protection areas within its
                                                                                     territory capable of being relied upon as against third parties,
                                                                                     and to adopt the measures necessary to ensure that the
                                                                                     classification of a site as a special protection area automatically
                    JUDGMENT OF THE COURT                                            and simultaneously entails the application of a system of
                                                                                     protection and conservation complying with Community law,
                                                                                     the Kingdom of Belgium has failed to fulfil its obligations
                            (Sixth Chamber)                                          under Article 4(1) and (2) of Directive 79/409 and the first
                                                                                     sentence of Article 4(4) thereof, as amended, in accordance with
                                                                                     Article 7 of Council Directive 92/43/EEC of 21 May 1992
                          of 27 February 2003                                        on the conservation of natural habitats and of wild fauna and
                                                                                     flora, by Article 6(2) to (4) of the latter directive;
in Case C-415/01: Commission of the European Communi-
                    ties v Kingdom of Belgium (1)
(Failure by a Member State to fulfil its obligations —                         2.    Orders the Kingdom of Belgium to pay the costs.
     Conservation of wild birds — Special protection areas)
                             (2003/C 101/14)
                       (Language of the case: French)
                                                                               (1 ) OJ C 369 of 22.12.2001.
(Provisional translation; the definitive translation will be published
                      in the European Court Reports)
In Case C-415/01, Commission of the European Communities
(Agents: G. Valero Jordana and J. Adda) v Kingdom of Belgium