CELEX: C1998/258/17
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT of 16 June 1998 in Case C-226/97 (reference for a preliminary ruling from the Arrondissementsrechtbank te Maastricht): criminal proceedings against Johannes Martinus Lemmens (Directive 83/189/EEC - Procedure for the provision of information in the field of technical standards and regulations - Direct effect of the Directive)

C 258/10              EN                  Official Journal of the European Communities                                    15.8.98
Community       and   the   Socialist  Federal   Republic    of                    JUDGMENT OF THE COURT
Yugoslavia.
                                                                                            (Sixth Chamber)
( ) OJ C 197 of 6.7.1996.
 1
                                                                                            of 17 June 1998
                                                                     in Case C-243/95 (reference for a preliminary ruling from
                                                                     the Labour Court): Kathleen Hill and Ann Stapleton v the
                                                                        Revenue Commissioners and Department of Finance (1)
                                                                     (Equal treatment of men and women Ð National civil
               JUDGMENT OF THE COURT                                 servants Ð Job-sharing scheme Ð Incremental credit
                       of 16 June 1998                               determined on the basis of the criterion of actual time
                                                                                  worked Ð Indirect discrimination)
in Case C-226/97 (reference for a preliminary ruling from
the Arrondissementsrechtbank te Maastricht): criminal                                        (98/C 258/18)
    proceedings against Johannes Martinus Lemmens (1)
(Directive 83/189/EEC Ð Procedure for the provision of
information in the field of technical standards and
        regulations Ð Direct effect of the Directive)                               (Language of the case: English)
                        (98/C 258/17)
                (Language of the case: Dutch)                        In Case C-243/95: reference to the Court under Article 177
                                                                     of the EC Treaty by the Labour Court (Ireland) for a
                                                                     preliminary ruling in the proceedings pending before that
  (Provisional translation; the definitive translation will be       tribunal between Kathleen Hill and Ann Stapleton and the
          published in the European Court Reports)                   Revenue Commissioners, Department of Finance Ð on the
                                                                     interpretation of Council Directive 75/117/EEC of
                                                                     10 February 1975 on the approximation of the laws of the
In Case C-226/97: reference to the Court under Article 177           Member States relating to the application of the principle
of the EC Treaty from the Arrondissementsrechtbank                   of equal pay for men and women (OJ L 45 of 19.2.1975,
(District Court) Maastricht (Netherlands) for a                      p. 19) Ð the Court (Sixth Chamber), composed of: H.
preliminary ruling in the criminal proceedings before that           Ragnemalm, President of the Chamber, R. Schintgen, G. F.
Court against Johannes Martinus Lemmens Ð on the                     Mancini, J. L. Murray (Rapporteur) and G. Hirsch,
interpretation of Council Directive 83/189/EEC of                    Judges; A. La Pergola, Advocate General; L. Hewlett,
28 March 1983 laying down a procedure for the provision              Administrator, for the Registrar, has given a judgment on
of information in the field of technical standards and               17 June 1998, in which it has ruled:
regulations (OJ L 109 of 26.4.1983, p. 8) Ð the Court,
composed of: C. Gulmann (Rapporteur), President of the
Third and Fifth Chambers, acting for the President, G. F.
Mancini, P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward,
                                                                     Article 119 of the EC Treaty and Council Directive 75/
J.-P. Puissochet, P. Jann and L. Sevón, Judges; N. Fennelly,
                                                                     117/EEC of 10 February 1975 on the approximation of
Advocate General; D. Louterman-Hubeau, Principal
                                                                     the laws of the Member States relating to the application
Administrator, for the Registrar, has given a judgment on
                                                                     of the principle of equal pay for men and women are to
16 June 1998, in which it has ruled:
                                                                     be interpreted as precluding legislation which provides
                                                                     that, where a much higher percentage of female workers
                                                                     than male workers are engaged in job-sharing, job-sharers
Council Directive 83/189/EEC of 28 March 1983 laying
                                                                     who convert to full-time employment are given a point on
down a procedure for the provision of information in the
                                                                     the pay scale applicable to full-time staff which is lower
field of technical standards and regulations is to be
                                                                     than that which those workers previously occupied on the
interpreted as meaning that breach of the obligation
                                                                     pay scale applicable to job-sharing staff due to the fact
imposed by Article 8 thereof to notify a technical
                                                                     that the employer has applied the criterion of service
regulation on breath-analysis apparatus does not have the
                                                                     calculated by the actual length of time worked in a post,
effect of making it impossible for evidence obtained by
                                                                     unless such legislation can be justified by objective criteria
means of such apparatus, authorised in accordance with
                                                                     unrelated to any discrimination on grounds of sex.
regulations which have not been notified, to be relied
upon against an individual charged with driving while
under the influence of alcohol.
                                                                     (1) OJ C 229 of 2.9.1995.
(1) OJ C 228 of 26.7.1997.