CELEX: C2000/102/08
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 February 2000 in Case C-50/96 (reference for a preliminary ruling from the Landesarbeitsgericht Hamburg): Deutsche Telekom AG v Lilli Schröder (Equal pay for men and women — Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC)— Protocol concerning Article 119 of the EC Treaty — Occupational social security schemes — Exclusion of part-time workers from a supplementary occupational retirement pension scheme — Retroactive membership — Entitlement to a pension — Relationship between national law and Community law)

8.4.2000                   EN                       Official Journal of the European Communities                                             C 102/5
The question whether the reception by a hotel establishment of                 2. Interim measures vis-à-vis a non-Community authority can be
satellite or terrestrial television signals and their distribution by cable        ordered by a national court in the event of an infringement of
to the various rooms of that hotel is an ‘act of communication to the              Community law being imminent only:
public’ or ‘reception by the public’ is not governed by Council
Directive 93/83/EEC of 27 September 1993 on the coordination of                    — if that court entertains serious doubts as to the validity of the
certain rules concerning copyright and rights related to copyright                      Community measure implemented by that authority and,
applicable to satellite broadcasting and cable retransmission, and                      should the question of the validity of the contested measure
must consequently be decided in accordance with national law.                           not already have been brought before the Court of Justice,
                                                                                        itself refers that question to the Court of Justice;
(1) OJ C 299 of 26.9.1998.                                                         — if there is urgency and a threat of serious and irreparable
                                                                                        damage to the applicant;
                                                                                   — and if the national court takes due account of the Com-
                                                                                        munity’s interests.
                                                                                   The fact that such interim measures would be ordered vis-à-vis
                                                                                   an authority of an overseas country or territory (OCT) by a court
                   JUDGMENT OF THE COURT                                           of a Member State, in accordance with its domestic law, is not
                                                                                   such as to affect the conditions under which the temporary
                           of 8 February 2000                                      protection of individuals must be ensured in proceedings before
                                                                                   the national courts when the dispute concerns a matter of
                                                                                   Community law.
in Case C-17/98 (reference for a preliminary ruling from
the Arrondissementsrechtbank te ’s-Gravenhage): Emesa
                 Sugar (Free Zone) NV v Amba (1)                               (1) OJ C 94 of 28.3.1998.
(Conditions governing association of overseas countries and
territories — Decision 97/803/EC — Sugar imports —
ACP/OCT cumulation of origin — Assessment of validity
              — National court — Interim measures)
                                                                                                  JUDGMENT OF THE COURT
                             (2000/C 102/07)
                                                                                                           (Sixth Chamber)
                       (Language of the case: Dutch)
                                                                                                         of 10 February 2000
(Provisional translation; the definitive translation will be published         in Case C-50/96 (reference for a preliminary ruling from
                      in the European Court Reports)                           the Landesarbeitsgericht Hamburg): Deutsche Telekom
                                                                                                        AG v Lilli Schröder (1)
In Case C-17/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Arrondissements-                   (Equal pay for men and women — Article 119 of the EC
rechtbank te ’s-Gravenhage (Netherlands) for a preliminary                     Treaty (Articles 117 to 120 of the EC Treaty have been
ruling in the proceedings pending before that court between                    replaced by Articles 136 EC to 143 EC) — Protocol
Emesa Sugar (Free Zone) NV and Aruba — on the validity of                      concerning Article 119 of the EC Treaty — Occupational
Council Decision 97/803/EC of 24 November 1997 amending                        social security schemes — Exclusion of part-time workers
at mid-term Decision 91/482/EEC on the association of the                      from a supplementary occupational retirement pension
overseas countries and territories with the European Economic                  scheme — Retroactive membership — Entitlement to a
Community (OJ 1997 L 329, p. 50) — the Court, composed                         pension — Relationship between national law and Com-
of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida                                             munity law)
and D.A.O. Edward (Presidents of Chambers), P.J.G. Kapteyn,
J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm and                                                      (2000/C 102/08)
M. Wathelet (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; H.A. Rühl, Principal Administrator, for the
Registrar, has given a judgment on 8 February 2000, in which                                        (Language of the case: German)
it has ruled:
1. Examination of the first ten questions submitted has disclosed no           (Provisional translation; the definitive translation will be published
     factor of such a kind as to affect the validity of Council Decision                             in the European Court Reports)
     97/803/EC of 24 November 1997 amending at mid-term
     Decision 91/482/EEC on the association of the overseas                    In Case C-50/96: reference to the Court under Article 177 of
     countries and territories with the European Economic Com-                 the EC Treaty (now Article 234 EC) from the Landesarbeitsge-
     munity.                                                                   richt Hamburg (Germany) for a preliminary ruling in the
 ---pagebreak--- C 102/6                  EN                       Official Journal of the European Communities                                           8.4.2000
proceedings pending before that court between Deutsche                                        JUDGMENT OF THE COURT
Telekom AG, formerly Deutsche Bundespost Telekom, and
Lilli Schröder — on the interpretation of 119 of the EC Treaty
(Articles 117 to 120 of the EC Treaty have been replaced by                                            (Sixth Chamber)
Articles 136 EC to 143 EC) and of the Protocol concerning
Article 119 of the Treaty establishing the European Com-
munity, annexed to the EC Treaty — the Court (Sixth                                                  of 10 February 2000
Chamber), composed of. R. Schintgen (Rapporteur), President
of the Second Chamber, acting for the President of the Sixth
Chamber, G. Hirsch and H. Ragnemalm, Judges; G. Cosmas,                      in Joined Cases C-234/96 and C-235/96 (references for
Advocate General; H.A. Rühl, Principal Administrator, for the                preliminary rulings from the Landesarbeitsgericht Ham-
Registrar, has given a judgment on 10 February 2000, in                      burg): Deutsche Telekom AG v Agnes Vick (C-234/96),
which it has ruled:                                                                               Ute Conze (C-235/96) (1)
1. The exclusion of part-time workers from an occupational pension           (Equal pay for men and women — Article 119 of the EC
     scheme such as that at issue in the main proceedings constitutes        Treaty (Articles 117 to 120 of the EC Treaty have been
     discrimination prohibited by Article 119 of the EC Treaty               replaced by Articles 136 EC to 143 EC ) — Protocol
     (Articles 117 to 120 of the EC Treaty have been replaced by             concerning Article 119 of the EC Treaty — Occupational
     Articles 136 EC to 143 EC) if that measure affects a considerably       social security schemes — Exclusion of part-time workers
     higher percentage of female workers than male workers and is            affiliated to a supplementary occupational retirement pen-
     not justified on objective grounds unrelated to any discrimination      sion scheme — Retroactive membership — Entitlement to a
     based on sex.                                                           pension — Relationship between national law and Com-
                                                                                                          munity law)
2. Where the exclusion of part-time workers from an occupational
     pension scheme constitutes indirect discrimination prohibited by
     Article 119 of the Treaty, the possibility of relying on the direct                                (2000/C 102/09)
     effect of that article is subject to a limitation in time whereby
     periods of service of such workers are to be taken into account
     only from 8 April 1976, the date of the judgment in Case
     43/75 Defrenne II [1976] ECR 455, for the purposes of their                                 (Language of the case: German)
     retroactive membership of such a scheme and calculation of the
     benefits to which they are entitled, except in the case of workers
     or those claiming under them who have before that date initiated
     legal proceedings or introduced an equivalent claim.                    (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
3. The limitation in time of the possibility of relying on the direct
     effect of Article 119 of the Treaty, resulting from the judgment        In Joined Cases C-234/96 and C-235/96: references to the
     in Defrenne II, does not preclude national provisions which lay         Court under Article 177 of the EC Treaty (now Article 234
     down a principle of equal treatment by virtue of which, in              EC) from the Landesarbeitsgericht Hamburg (Germany) for
     circumstances like those of the main proceedings, part-time             preliminary rulings in the proceedings pending before that
     workers are entitled to retroactive membership of an occupational       court between Deutsche Telekom AG and Agnes Vick
     pension scheme and to receive a pension under that scheme.              (C-234/96), Ute Conze (C-235/96) — on the interpretation of
                                                                             Article 119 of the EC Treaty (Articles 117 to 120 of the EC
                                                                             Treaty have been replaced by Articles 136 EC to 143 EC) and
4. Community law, in particular the principle of non-discrimination          of the Protocol on Article 119 of the Treaty establishing the
     on grounds of nationality and Article 119 of the Treaty, does           European Community, annexed to the EC Treaty — the Court
     not preclude provisions of a Member State which lay down a              (Sixth Chamber), composed of: R. Schintgen (Rapporteur),
     principle of equal treatment by virtue of which, in circumstances       President of the Second Chamber, acting for the President of
     like those of the main proceedings, part-time workers are entitled      the Sixth Chamber, G. Hirsch and H. Ragnemalm, Judges;
     to retroactive membership of an occupational pension scheme             G. Cosmas, Advocate General; H.A. Rühl, Principal Adminis-
     and to receive a pension under that scheme, notwithstanding the         trator, for the Registrar, has given a judgment on 10 February
     risk of distortions of competition between economic operators of        2000, in which it has ruled:
     the various Member States to the detriment of employers
     established in the first Member State.
                                                                             1. The limitation in time of the possibility of relying on the direct
                                                                                 effect of Article 119 of the EC Treaty (Articles 117 to 120 of
                                                                                 the EC Treaty have been replaced by Articles 136 EC to 143
                                                                                 EC), resulting from the judgment in Case 43/75 Defrenne v
(1) OJ C 133 of 4.5.1996.
                                                                                 Sabena [1976] ECR 455, does not preclude national provisions
                                                                                 which lay down a principle of equal treatment by virtue of which,
                                                                                 in circumstances like those of the main proceedings, all part-time
                                                                                 workers are entitled to retroactive membership of an occupational
                                                                                 pension scheme and to receive a pension under that scheme.