CELEX: C1998/055/02
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 4 December 1997 in Case C-207/96: Commission of the European Communities v. Italian Republic (Failure of a Member State to fulfil its obligations - Equal treatment for men and women - Prohibition of nightwork)

C 55/2                 EN                 Official Journal of the European Communities                                      20.2.98
                JUDGMENT OF THE COURT                                3. orders the Italian Republic to pay the costs.
                         (Fifth Chamber)
                                                                     (1) OJ C 247, 24.8.1996.
                      of 4 December 1997
in   Case     C-207/96: Commission of the            European
              Communities v. Italian Republic (1)
(Failure of a Member State to fulfil its obligations Ð
Equal treatment for men and women Ð Prohibition of
                            nightwork)
                           (98/C 55/02)                                            JUDGMENT OF THE COURT
                                                                                             (Fifth Chamber)
                                                                                          of 4 December 1997
                 (Language of the case: Italian)
                                                                     in   Case   C-225/96: Commission of the              European
                                                                                 Communities v. Italian Republic (1)
                                                                     (Failure to fulfil obligations Ð Failure to transpose
                                                                     Directive 79/923/EEC Ð Quality required of shellfish
 (Provisional translation; the definitive translation will be
                                                                                                  waters)
          published in the European Court Reports)
                                                                                               (98/C 55/03)
In Case C-207/96: Commission of the European
Communities (Agents: Marie Wolfcarius and Enrico
                                                                                     (Language of the case: Italian)
Altieri) v. Italian Republic (Agent: Professor Umberto
Leanza, assisted by Oscar Fiumara) Ð application for a
declaration that, by not adopting within the prescribed
period the laws, regulations and administrative provisions
necessary in order to comply with Council Directive 76/
207/EEC of 9 February 1976 on the implementation of                    (Provisional translation; the definitive translation will be
the principle of equal treatment for men and women as                         published in the European Court Reports)
regards access to employment, vocational training and
promotion, and working conditions (OJ L 39, 14.2.1976,
p. 40), and by retaining in national law rules prohibiting
nightwork by women, contrary to Article 5 of that
Directive, the Italian Republic has failed to fulfil its             In Case C-225/96: Commission of the European
obligations under Community law Ð the Court (Fifth                   Communities (Agents: initially by Antonio Aresu, and
Chamber), composed of: M. Wathelet, President of the                 subsequently by Paolo Stancanelli) v. Italian Republic
First Chamber, acting as President of the Fifth Chamber,             (Agent: Professor Umberto Leanza, assisted by Pier
J. C. Moitinho de Almeida, D. A. O. Edward                           Giorgio Ferri) Ð application for a declaration that Ð by
(Rapporteur), P. Jann and L. Sevón, Judges; C. O. Lenz,              failing to designate waters needing protection or
Advocate-General; R. Grass, Registrar, has given a                   improvement in order to support shellfish life and growth
judgment on 4 December 1997, in which it:                            in accordance with Article 4 of Council Directive 79/923/
                                                                     EEC of 30 October 1979 on the quality required of
                                                                     shellfish waters (OJ L 281, 10.11.1979, p. 47) and/or to
                                                                     notify such designation to the Commission in accordance
                                                                     with Article 13 of Directive 79/923/EEC; Ð by failing to
1. declares that, by retaining in national law rules
                                                                     establish programmes in order to reduce pollution in
    prohibiting nightwork by women, contrary to Article 5
                                                                     accordance with Article 5 of Directive 79/923/EEC, and
    of Council Directive 76/207/EEC of 9 February 1976
                                                                     Ð by failing to set values for the parameters listed at
    on the implementation of the principle of equal
                                                                     points 8 and 9 of the Annex to Directive 79/923/EEC,
    treatment for men and women as regards access to
                                                                     other than for mercury and lead, in accordance with
    employment, vocational training and promotion, and
                                                                     Article 3 of Directive 79/923/EEC, the Italian Republic
    working conditions, the Italian Republic has failed to
                                                                     has failed to fulfil its obligations under the EC Treaty Ð
    fulfil its obligations under Community law;
                                                                     the Court (Fifth Chamber), composed of: C. Gulmann,
                                                                     President of the Chamber, J. C. Moitinho de Almeida
                                                                     (Rapporteur), D. A. O. Edward, J.-P. Puissochet and P.
                                                                     Jann, Judges; F. G. Jacobs, Advocate-General; R. Grass,
2. dismisses the        remainder    of  the   application  as       Registrar, has given a judgment on 4 December 1997, in
    inadmissible;                                                    which it declares that: