CELEX: C1998/278/10
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 2 July 1998 in Joined Cases C-225/95, C-226/95 and C-227/95 (reference for a preliminary ruling from the Diikitiko Protodikio, Athens): Anestis Kapasakalis and Others v. Greek State (Directive 89/48/EEC - General system for the recognition of higher-education diplomas - Scope - Situation purely internal to a Member State)

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
 ---pagebreak--- 5.9.98                EN                  Official Journal of the European Communities                                      C 278/7
completion of professional education and training of at              1. declares that, by failing to adopt within the prescribed
least three years' duration.                                              period all the laws, regulations and administrative
                                                                          provisions necessary to comply with
(1) OJ C 229, 2.9.1995.
                                                                          Ð Council Directive 90/220/EEC of 23 April 1990
                                                                              on the deliberate release into the environment of
                                                                              genetically modified organisms, and
                                                                          Ð Commission Directive 94/51/EC of 7 November
                                                                              1994 adapting to technical progress Council
                                                                              Directive 90/219/EEC on the contained use of
               JUDGMENT OF THE COURT                                          genetically modified micro-organisms,
                       (Sixth Chamber)
                        of 9 July 1998                                    the Kingdom of Belgium has failed to fulfil its
                                                                          obligations under Article 23 of Directive 90/220/EEC
in    Case   C-343/97: Commission of the European                         and Article 2 of Directive 94/51/EC;
           Communities v. Kingdom of Belgium (1)
(Failure to fulfil obligations Ð Failure to transpose
           Directives 90/220/EEC and 94/51/EC)                       2. orders the Kingdom of Belgium to pay the costs.
                        (98/C 278/11)
                                                                     (1) OJ C 357, 22.11.1997.
                (Language of the case: French)
                                                                                      ORDER OF THE COURT
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                                          (Fifth Chamber)
                                                                                            of 28 April 1998
                                                                         in Case C-116/96 REV: Reisebüro Binder GmbH (1)
In Case C-343/97: Commission of the European
Communities (Agent: Götz zur Hausen) v. Kingdom of                   (Revision of a judgment Ð Preliminary ruling Ð
Belgium (Agent: Anni Snoecx) Ð Application for a                                  Application manifestly inadmissible)
declaration that, by failing to adopt within the prescribed
                                                                                             (98/C 278/12)
period all the laws, regulations and administrative
provisions necessary to comply with:
                                                                                    (Language of the case: German)
Ð Council Directive 90/220/EEC of 23 April 1990 on the
     deliberate release into the environment of genetically
                                                                       (Provisional translation; the definitive translation will be
     modified organisms (OJ L 117, 18.5.1990, p. 15), and
                                                                               published in the European Court Reports)
Ð Commission Directive 94/51/EC of 7 November 1994                   In Case C-116/96 REV: Reisebüro Binder GmbH Ð
     adapting to technical progress Council Directive 90/            application for revision of the judgment of the Court of
     219/EEC on the contained use of genetically modified            6 November 1997 in Case C-116/96 Reisebüro Binder v.
     micro-organisms (OJ L 297, 18.11.1994, p. 29),                  Finanzamt Stuttgart-Körperschaften [1997] ECR I-6103 Ð
                                                                     the Court (Fifth Chamber), composed of C. Gulmann,
                                                                     President of the Chamber, J. C. Moitinho de Almeida,
                                                                     D. A. O. Edward, J.-P. Puissochet (Rapporteur) and P.
the Kingdom of Belgium has failed to fulfil its obligations          Jann, Judges; A. La Pergola, Advocate General; R. Grass,
under those Directives Ð the Court (Sixth Chamber)                   Registrar, made an order on 28 April 1998, the operative
composed of: H. Ragnemalm (Rapporteur) President of                  part of which is as follows:
the Chamber, R. Schintgen, P. J. G. Kapteyn, J. L. Murray
and K. M. Ioannou, Judges; Advocate-General: A. La
Pergola, Registrar: R. Grass, has given a judgment on                1. The application        for   revision    is  dismissed    as
9 July 1998, in which it:                                                 inadmissible.