CELEX: C1999/100/07
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court (First Chamber) of 9 February 1999 in Case C-280/97 (reference for a preliminary ruling from the Finanzgericht Düsseldorf): ROSE Elektrotechnik GmbH & Co. KG v. Oberfinanzdirektion Köln (Combined nomenclature - Tariff headings - Junction box without cables or contacts)

10.4.1999             EN                  Official Journal of the European Communities                                      C 100/5
(Presidents of Chambers), G. F. Mancini, (Rapporteur)                              JUDGMENT OF THE COURT
J. C. Moitinho de Almeida, C. Gulmann, J. L. Murray,
D. A. O. Edward, H. Ragnemalm, L. Sevón, M. Wathelet,                                       (First Chamber)
R. Schintgen and K. M. Ioannou, Judges, G. Cosmas,
Advocate-General; D. Louterman-Hubeau, Principal                                          of 9 February 1999
Administrator, for the Registrar, has given a judgment on            in Case C-280/97 (reference for a preliminary ruling from
9 February 1999, in which it has ruled:                              the Finanzgericht Düsseldorf): ROSE Elektrotechnik
                                                                          GmbH & Co. KG v. Oberfinanzdirektion Köln (1)
1. A judicial award of compensation for breach of the                (Combined nomenclature Ð Tariff headings Ð Junction
    right not to be unfairly dismissed constitutes pay                              box without cables or contacts)
    within the meaning of Article 119 of the EC Treaty.
                                                                                            (1999/C 100/07)
2. The conditions determining whether an employee is
    entitled, where he has been unfairly dismissed, to                              (Language of the case: German)
    obtain compensation fall within the scope of
    Article 119 of the Treaty. However, the conditions
    determining whether an employee is entitled, where he
    has been unfairly dismissed, to obtain reinstatement or
    re-engagement fall within the scope of Council                     (Provisional translation; the definitive translation will be
    Directive 76/207/EEC of 9 February 1976 on the                            published in the European Court Reports)
    implementation of the principle of equal treatment for
    men and women as regards access to employment,
    vocational training and promotion, and working
                                                                     In Case C-280/97: Reference to the Court under
    conditions.
                                                                     Article 177 of the EC Treaty by the Finanzgericht
                                                                     Düsseldorf (Germany) in the proceedings pending before
                                                                     that court between ROSE Elektrotechnik GmbH & Co.
3. It is for the National Court, taking into account all
                                                                     KG and Oberfinanzdirektion Köln on the interpretation of
    the material legal and factual circumstances, to
                                                                     the combined nomenclature as contained in Annex I to
    determine the point in time at which the legality of a
                                                                     Commission Regulation (EC) No 1734/96 of 9 September
    rule to the effect that protection against unfair
                                                                     1996 amending Annex I to Council Regulation (EEC)
    dismissal applies only to employees who have been
                                                                     No 2658/87 on the tariff and statistical nomenclature and
    continuously employed for a minimum period of two
                                                                     on the Common Customs Tariff (OJ L 238, 19.9.1996,
    years is to be assessed.
                                                                     p. 1) Ð the Court (First Chamber), composed of: D. A. O.
                                                                     Edward, acting for the President of the Chamber, L. Sevón
                                                                     (Rapporteur) and M. Wathelet, Judges; N. Fennelly,
4. In order to establish whether a measure adopted by a
                                                                     Advocate-General; R. Grass, Registrar, has given a
    Member State has disparate effect as between men and
                                                                     judgment on 9 February 1999, in which it has ruled:
    women to such a degree as to amount to indirect
    discrimination for the purposes of Article 119 of the
    Treaty, the National Court must verify whether the
    statistics available indicate that a considerably smaller        The combined nomenclature, as contained in Annex I to
    percentage of women than men is able to fulfil the               Commission Regulation (EC) No 1734/96 of 9 September
    requirement imposed by that measure. If that is the              1996 amending Annex I to Council Regulation (EEC)
    case, there is indirect sex discrimination, unless that          No 2658/87 on the tariff and statistical nomenclature and
    measure is justified by objective factors unrelated to           on the Common Customs Tariff, must be interpreted as
    any discrimination based on sex.                                 meaning that a product consisting of a rectangular
                                                                     container with a lid of coated die-cast aluminium
                                                                     (aluminium/silicon alloy with aluminium content
5. If a considerably smaller percentage of women than                predominant by weight), four steel connecting bolts and
    men is capable of fulfilling the requirement of two              four earthing bolts of copper-plated steel (packed loose in
    years' employment imposed by the rule described in               the product and yet to be inserted into threaded holes
    paragraph 3 of the operative part of this judgment, it           provided for that purpose), which is intended to receive
    is for the Member State, as the author of the allegedly          electrical terminals and holes enabling electrical circuits to
    discriminatory rule, to show that the said rule reflects         be connected, must be classified, in accordance with
    a legitimate aim of its social policy, that that aim is          Rule 2(a) of the General Rules for the interpretation of
    unrelated to any discrimination based on sex, and that           the combined nomenclature, under subheading 8536 90 85
    it could reasonably consider that the means chosen               as an incomplete junction box.
    were suitable for attaining that aim.
                                                                     (1) OJ C 295, 27.2.1997.
(1) OJ C 181, 14.6.1997.