CELEX: C1996/197/04
Language: en
Date: 1996-07-06 00:00:00
Title: JUDGMENT OF THE COURT of 30 April 1996 in Case C-13/94 (reference for a preliminary ruling from the Industrial Tribunal, Truro): P. v. S. and Cornwall County Council (Equal treatment for men and women - Dismissal of a transsexual)

No C 197/2           EN                    Official Journal of the European Communities                                    6 . 7. 96
within the prescribed period the laws, regulations and                1 . declares that, by not adopting within the period
administrative provisions necessary to comply with Council                 prescribed the laws, regulations and administrative
Directive 91/156/EEC of 18 March 1991 amending                             measures necessary to comply with Council Directive
Directive 75/442/EEC on waste ( OJ L 78 , 1991 , p . 32 ), the             91 /271/EEC of 21 May 1991 concerning urban waste
Hellenic Republic has failed to fulfil its obligations under the           water treatment, the Hellenic Republic has failed to
EC Treaty and the first-mentioned Directive — the Court                    fulfil its obligations under Article 19 of that
( Fifth Chamber), composed of D. A. O. Edward, President                   Directive;
of the Chamber, J.-P. Puissochet, C. Gulmann, P. Jann
and L. Sevôn ( Rapporteur), Judges; N. Fennelly,                      2 , orders the Hellenic Republic to pay the costs.
Advocate-General; R. Grass, Registrar, gave a judgment on
28 March 1996 , in which it:
                                                                      (M OJ No C 208 , 12 . 8 . 1995 .
1 , declares that, by not adopting within the period
     prescribed the laws, regulations and administrative
     measures necessary to comply with Council Directive
     91 /156/EEC of 18 March 1991 amending Directive
      75/442/EEC on waste, the Hellenic Republic has failed
     to fulfil its obligations under Article 2 of the
     first-mentioned Directive;
                                                                                     JUDGMENT OF THE COURT
2 , orders the Hellenic Republic to pay the costs.                                            of 30 April 1996
                                                                      in Case C-13/94 (reference for a preliminary ruling from the
H OJ No C 208 , 12 . 8 . 1995 .                                       Industrial Tribunal, Truro ): P. v. S. and Cornwall County
                                                                                                    Council ^)
                                                                      (Equal treatment for men and women — Dismissal of a
                                                                                                   transsexual)
                                                                                                 ( 96/C 197/04
              JUDGMENT OF THE COURT                                                   (Language of the case: English)
                       (Fifth Chamber )
                      of 28 March 1996                                In Case C-13/94 : reference to the Court under Article 177 of
in Case C-161/95 : Commission of the European                         the EC Treaty by the Industrial Tribunal, Truro (United
            Communities v. Hellenic Republic 0 )                      Kingdom ), for a preliminary ruling in the proceedings
                                                                      pending before that court between P. and S. and Cornwall
 (Failure of a Member State to fulfil its obligations —               County Council, on the interpretation of Council Directive
Non-transposition of Directive 91/271/EEC — Urban                     76/207/EEC of 9 February 1976 on the implementation of
                    waste water treatment
                                                                      the principle of equal treatment for men and women as
                         { 96/C 197/03 )                              regards access to employment, vocational training and
                                                                      promotion, and working conditions ( OJ L 39 , 1976, p . 40 ),
                (Language of the case: Greek)                         the Court, composed of G. C. Rodriguez Iglesias, President,
                                                                      C. N. Kakouris, D. A. O. Edward, J.-P. Puissochet and G.
                                                                      Hirsch ( Presidents of Chambers ), G. F. Mancini, F. A.
 (Provisional translation; the definitive translation will be          Schockweiler, P. J. G. Kapteyn (Rapporteur), J. L. Murray,
          published in the European Court Reports)                     H. Ragnemalm and L. Sevôn, Judges; G. Tesauro,
                                                                      Advocate-General; L. Hewlett, Administrator, for the
                                                                       Registrar, has given a judgment on 30 April 1 996 , in which
 In Case C-161/95 : Commission of the European                         it ruled :
 Communities (Agent: Maria Kontou-Durande ) v. Hellenic
 Republic (Agents: Ioanna Galani-Maragkoudaki and Evi
 Skandalou ) — application for a declaration that, by not              in view of the objective pursued by Council Directive
 adopting or by not communicating to the Commission                    76/207/EEC of 9 February 1976 on the implementation of
 within the prescribed period the laws, regulations and                the principle of equal treatment for men and women as
 administrative provisions necessary to comply with Council            regards access to employment, vocational training and
 Directive 91/271 /EEC of 21 May 1991 concerning urban                 promotion, and working conditions, Article 5 (1 ) of the
 waste water treatment ( OJ L 135 , 1991 , p . 40 ), the Hellenic      Directive precludes dismissal of a transsexual for a reason
 Republic has failed to fulfil its obligations under the EC            related to a gender reassignment.
 Treaty and that Directive — the Court ( Fifth Chamber ),
 composed of D. A. O. Edward, President of the Chamber,
 J.-P. Puissochet, C. Gulmann, P. Jann and L. Sevôn                    (!) OJ No C 76 , 12 . 3 . 1994 .
  (Rapporteur), Judges; N. Fennelly, Advocate-General; R.
  Grass, Registrar, gave a judgment on 28 March 1996 , in
  which it: