CELEX: C1998/007/09
Language: en
Date: 1998-01-10 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 13 November 1997 in Case C-236/96: Commission of the European Communities v. Federal Republic of Germany (Failure to fulfil obligations - Failure to transpose Directives 91/157/EEC and 93/86/EEC)

10. 1. 98             EN                  Official Journal of the European Communities                                        C 7/5
candidates unless reasons specific to an individual male             1. declares that, by failing to adopt within the periods
candidate tilt the balance in his favour is not precluded by              prescribed the measures necessary to comply with:
Article 2 (1) and (4) of Council Directive 76/207/EEC of
9 February 1976, on the implementation of the principle
of equal treatment for men and women as regards access                    Ð Council Directive 91/157/EEC of 18 March 1991
to employment, vocational training and promotion, and                         on batteries and accumulators containing certain
working conditions, provided that:                                            dangerous substances, and
Ð in each individual case the rule provides for male                      Ð Commission Directive 93/86/EEC of 4 October
     candidates who are equally as qualified as the female                    1993 adapting to technical progress Directive 91/
     candidates a guarantee that the candidatures will be                     157/EEC,
     the subject of an objective assessment which will take
     account of all criteria specific to the candidates and
     will override the priority accorded to female                        the Federal Republic of Germany has failed to comply
     candidates where one or more of those criteria tilts the             with its obligations under Article 11 (1) of Directive
     balance in favour of the male candidate, and                         91/157/EEC and Article 7 (1) of Directive 93/86/EEC;
Ð such criteria are not such as to discriminate against              2. orders the Federal Republic of Germany to pay the
     the female candidates.                                               costs.
(1) OJ C 46, 17. 2. 1996.
                                                                     (1) OJ C 269, 14. 9. 1996.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)                                             JUDGMENT OF THE COURT
                                                                                             (First Chamber)
                     of 13 November 1997
in    Case C-236/96: Commission of the European                                          of 20 November 1997
      Communities v. Federal Republic of Germany (1)                 in Case C-338/95 (reference for a preliminary ruling from
(Failure to fulfil obligations Ð Failure to transpose                the Bundesfinanzhof): Wiener SI GmbH v. Hauptzollamt
           Directives 91/157/EEC and 93/86/EEC)                                               Emmerich (1)
                          (98/C 7/09)                                (Common Customs Tariff Ð Tariff heading Ð Nightdress)
                                                                                               (98/C 7/10)
               (Language of the case: German)
                                                                                    (Language of the case: German)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-236/96: Commission of the European                                   published in the European Court Reports)
Communities (Agent: Götz zur Hausen) v. Federal
Republic of Germany (Agents: Ernst Röder and Bernd
Kloke) Ð application for a declaration that, by failing to           In Case C-338/95: reference to the Court under Article 177
adopt within the periods prescribed the measures                     of the EC Treaty from the Bundesfinanzhof (Germany) for
necessary to comply with Council Directive 91/157/EEC                a preliminary ruling in the proceedings pending before
of 18 March 1991 on batteries and accumulators                       that court between Wiener SI GmbH and Hauptzollamt
containing certain dangerous substances (OJ L 78, 26. 3.             Emmerich Ð on the interpretation of subheading 60.04 B
1991, p. 38), and Commission Directive 93/86/EEC of                  IV b 2 bb of the Common Customs Tariff, in the version
4 October 1993 adapting to technical progress Directive              resulting from Council Regulation (EEC) No 3400/84 of
91/157/EEC (OJ L 264, 23. 10. 1993, p. 51), the Federal              27 November 1984 amending Regulation (EEC) No 950/
Republic of Germany has failed to comply with its                    68 on the Common Customs Tariff (OJ L 320, 10. 12.
obligations under the Treaty Ð the Court (Fifth                      1984, p. 1) Ð the Court (First Chamber), composed of:
Chamber), composed of: C. Gulmann (Rapporteur),                      M. Wathelet (Rapporteur), President of the Chamber, P.
President of the Chamber, J. C. Moitinho de Almeida,                 Jann and L. Sevón, Judges; F. G. Jacobs, Advocate-
D. A. O. Edward, J.-P. Puissochet and P. Jann, Judges;               General; L. Hewlett, Administrator, for the Registrar, has
F. G. Jacobs, Advocate-General; R. Grass, Registrar, has             given a judgment on 20 November 1997, the operative
given a judgment on 13 November 1997, in which it:                   part of which is as follows: