CELEX: C1999/352/07
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 9 September 1999 in Case C-281/97 (reference for a preliminary ruling from the Arbeitsgericht, Munich): Andrea Krüger v Kreiskrankenhaus Ebersberg (Equal treatment for men and women - End-of-year bonus - Conditions for granting)

C 352/4                  EN                     Official Journal of the European Communities                                          4.12.1999
1. The Federal Republic of Germany has failed to fulfil its                L 39, p. 40) — the Court (Sixth Chamber), composed of:
    obligations under the third indent of the first subparagraph, and      G. Hirsch (Rapporteur), President of the Second Chamber,
    the second subparagraph, of Article 3(2) and under Article 5 of        acting for the President of the Sixth Chamber, J.L. Murray and
    Directive 90/313,                                                      H. Ragnemalm, Judges; P. Léger, Advocate General; H. Rühl,
                                                                           Principal Administrator, for the Registrar, has given a judgment
    — By failing to provide for access to be given to information          on 9 September 1999, in which it has ruled:
         during administrative proceedings where the public auth-
         orities have received information in the course of those          Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
         proceedings,                                                      have been replaced by Articles 136 EC to 143 EC) must be
                                                                           interpreted as meaning that exclusion by a collective agreement from
    — by failing to provide in the Umweltinformationsgesetz for            entitlement to a special annual bonus provided for by that collective
         information to be supplied in part where it is possible to        agreement of persons in employment which involves a normal
         separate out information concerning the interests referred to     working week of less than 15 hours and normal pay not exceeding a
         in Article 3(2) of Council Directive 90/313/EEC of 7 June         fraction of the monthly baseline and is, on that basis, exempt from
         1990 on the freedom of access to information on the               compulsory social insurance constitutes indirect discrimination based
         environment, and                                                  on sex, where that exclusion applies independently of the sex of the
                                                                           worker but actually affects a considerably higher percentage of women
    — by failing to provide that a charge is to be made only where         than men.
         information is in fact supplied.
2. The remainder of the application is dismissed.                          (1) OJ C 295 of 27.9.1997.
3. The Federal Republic of Germany is ordered to pay the costs.
(1) OJ C 252 of 16.8.1997.
                                                                                            JUDGMENT OF THE COURT
                                                                                                   (Second Chamber)
                                                                                                 of 9 September 1999
                 JUDGMENT OF THE COURT
                                                                           in Case C-374/97 (reference for a preliminary ruling from
                          (Sixth Chamber)                                  the Bayerischer Verwaltungsgerichtshof): Anton Feyrer v
                                                                                                Landkreis Rottal-Inn (1)
                       of 9 September 1999
                                                                           (Directive 85/73/EEC — Fees in respect of health inspections
in Case C-281/97 (reference for a preliminary ruling from                            and controls of fresh meat — Direct effect)
the Arbeitsgericht, Munich): Andrea Krüger v Kreiskran-
                       kenhaus Ebersberg (1)                                                         (1999/C 352/08)
(Equal treatment for men and women — End-of-year bonus
                    — Conditions for granting)                                                (Language of the case: German)
                           (1999/C 352/07)                                 (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
                    (Language of the case: German)                         In Case C-374/97: reference to the Court under Article 177 of
                                                                           the EC Treaty (now Article 234 EC) from the Bayerischer
                                                                           Verwaltungsgerichtshof, Germany, for a preliminary ruling in
(Provisional translation; the definitive translation will be published     the proceedings pending before that court between Anton
                    in the European Court Reports)                         Feyrer and Landkreis Rottal-Inn (Intervener: Landesanwalt-
                                                                           schaft Bayern als Vertreter des öffentlichen Interesses) —
In Case C-281/97: reference to the Court under Article 177 of              on the interpretation of Article 2(3) of Council Directive
the EC Treaty (now Article 234 EC) from the Arbeitsgericht                 85/73/EEC of 29 January 1985 on the financing of health
(Labour Court), Munich, Germany, for a preliminary ruling in               inspections and controls of fresh meat and poultrymeat (OJ
the proceedings pending before that court between Andrea                   1985 L 32, p. 14), as amended by Council Directive 93/118/EC
Krüger and Kreiskrankenhaus Ebersberg — on the interpret-                  of 22 December 1993 (OJ 1993 L 340, p. 15), and of points 1
ation of Article 119 of the EC Treaty (Articles 117 to 120 of              and 4(b) of Chapter I of the Annex thereto — the Court
the EC Treaty have been replaced by Articles 136 EC to 143                 (Second Chamber), composed of: G. Hirsch, President of the
EC) and Council Directive 76/207/EEC of 9 February 1976 on                 Chamber, G.F. Mancini and R. Schintgen (Rapporteur), Judges;
the implementation of the principle of equal treatment for                 P. Léger, Advocate General; D. Louterman-Hubeau, Principal
men and women as regards access to employment, vocational                  Administrator, for the Registrar, has given a judgment on
training and promotion, and working conditions (OJ 1976                    9 September 1999, in which it has ruled: