CELEX: C2004/071/10
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-529/03: Reference for a preliminary ruling made by order of the Tribunale di Cagliari of 20 October 2003 in the case between Marco Antonio Scalas and Renato Lilliu and the Regione Autonoma della Sardegna

20.3.2004              EN                         Official Journal of the European Union                                           C 71/7
Pleas in law and main arguments                                           f)   infringement and failure to comply with the ‘practice for
                                                                               aid to farms in difficulty’ and with the ‘Community
—     The dispute concerns not the classification of the Saronic               guidelines on State aid for rescuing and restructuring
      Gulf as a sensitive area but the lack of a system subjecting             firms in difficulty’;
      urban waste water from the wider Athens area to
      treatment more stringent than secondary treatment                   g)   breach of the principle of legitimate expectations.
      before its discharge into a sensitive area.
                                                                          (1) OJ L 248 of 11.9.1997, p. 27.
—     It is an unquestionable fact that on expiry of the period           (2) OJ L 93 of 30.3.1985, p. 1.
      prescribed by the Commission in its reasoned opinion,
      but also up to the time when the present action was
      brought, urban waste water from the Psitallia plant did
      not receive treatment more stringent than secondary
      treatment.
                                                                          Action brought on 22 December 2003 by the Commission
(1) OJ L 135 of 30.5.1991, p. 40.                                         of the European Communities against the Federal Repub-
                                                                                                   lic of Germany
                                                                                                  (Case C-538/03)
                                                                                                    (2004/C 71/11)
Reference for a preliminary ruling made by order of the
Tribunale di Cagliari of 20 October 2003 in the case                      An action against the Federal Republic of Germany was
between Marco Antonio Scalas and Renato Lilliu and the                    brought before the Court of Justice of the European Communi-
              Regione Autonoma della Sardegna                             ties on 22 December 2003 by the Commission of the
                                                                          European Communities, represented by Nicola Yerrell, of the
                         (Case C-529/03)                                  Commission’s Legal Service, and Horstpeter Kreppel, a labour
                                                                          court judge appointed to the Commission’s Legal Service under
                                                                          the exchange programme for national public servants, acting
                          (2004/C 71/10)                                  as Agents, with an address for service in Luxembourg.
                                                                          The applicant claims that the Court should:
A reference for a preliminary ruling was made to the Court of             1.   Declare that the Federal Republic of Germany has
Justice of the European Communities by order of the Tribunale                  infringed the principle of equal treatment for men and
di Cagliari on 20 October 2003 in proceedings between Marco                    women laid down under Articles 1, 2 and 5 of Council
Antonio Scalas and Renato Lilliu and the Regione Autonoma                      Directive 76/207/EEC (1), and Clause 4 of the Framework
della Sardegna which was lodged at the Court Registry on                       Agreement on part-time work concluded between UNICE,
19 December 2003. The Tribunale di Cagliari seeks a ruling                     CEEP and the ETUC set out in the Annex to Council
on the validity of Commission Decision No 97/612 (1), having                   Directive 97/81/EC (2), in that it indirectly discriminates
regard to the following defects:                                               against women, who form the great majority of part-time
                                                                               employees working less than 18 hours a week in the
a)    lack of competence on the part of the Commission to                      German public sector,
      adopt the contested decision in infringement of the
      combined provisions of Articles 32, 33, 34, 35, 36, 37                   by excluding,
      and 38 EC;
                                                                               (a)   under Paragraph 14(2) of the Bundespersonalvertre-
b)    infringement of the provisions governing the procedure                         tungsgesetz (Federal Law on staff committees in
      provided for under Article 88(1) EC;                                           the public sector) and the equivalent regulations
                                                                                     applying in the Länder of
c)    infringement of the provisions governing the procedure
                                                                                     —     Bavaria
      provided for under Article 88(2) and (3) EC;
                                                                                     —     Berlin
d)    failure to state reasons for the decision in application of
      the combined provisions of Articles 253, 88(3) and 87(1)                       —     Bremen
      EC;
                                                                                     —     Hesse,
e)    infringement and erroneous application of Council Regu-
      lation No 797/85 (2) on improving the efficiency of                            part-time employees who normally work less than
      agricultural structures;                                                       18 hours a week, and