CELEX: C1995/054/09
Language: en
Date: 1995-03-04 00:00:00
Title: ORDER OF THE COURT of 10 January 1995 in Case C-1/94 S-A: Dupret SA v. Commission of the European Communities (Application for authorization to serve a garnishee order on the Commission of the European Communities)

No C 54/6               EN                 Official Journal of the European Communities                                      4 . 3 . 95
1 . declared that, by failing to indicate in the contract notice      Reference for a preliminary ruling from the Bayerisches
     at issue the persons authorized to be present at the             Verwaltungsgericht, Ansbach, by an order of that court of
     opening of tenders and the date, time and place of               23 November 1994 in the administrative law case of Hellen
     opening, and by introducing into the general terms and                            Gerster v. Freistaat Bayern
     conditions a technical specification defined by reference                                   Case C-l/95 )
     to a product of a specific make, the Kingdom of the
     Netherlands has failed to fulfil its obligations under                                      ( 95/C 54/10 )
     Council Directive 77/62/EEC of 21 December 1976                  Reference has been made to the Court of Justice of the
     coordinating procedures for the award of public supply           European Communities by an order of the 12th Chamber of
     contracts, as amended by Council Directives                      the      Bayerisches          Verwaltungsgericht     (Bavarian
     80/767/EEC       and      88/295/EEC,   and also     under       Administrative Court) of 23 November 1994, which was
     Article 30 of the Treaty;                                        received at the Court Registry on 5 January 1995 , for a
                                                                      preliminary ruling in the administrative law case of Hellen
2. ordered the Kingdom of the Netherlands to pay the                  Gerster v. Freistaat Bayern, on the following questions:
     costs.
                                                                      1 . Is Article 119 of the EEC Treaty applicable to
                                                                          officials ?
(!) OJ No C 238 , 2 . 9 . 1993 .
(2 ) OJ No L 13 , 15 . 1 . 1977, p. 1 .                               2 . If Question 1 is to be answered in the affirmative, is there
(3 ) OJ No L 215, 18 . 8 . 1980, p. 1 .                                   an infringement of Article 119 of the EEC Treaty and of
(4) OJ No L 127, 20. 5. 1988, p. 1 .                                      Council Directive 75/117/EEC (.*) in the form of indirect
                                                                          discrimination against women where the second
                                                                          sentence of section 13 (2) of the Laufbahnverordnung
                                                                          ( Career on regulations, 'LBV') provides that, for the
                                                                          purpose of calculating the periods of services of officials,
                                                                          periods of employment involving working hours of at
                                                                          least one-half to two-thirds of normal working hours are
                  ORDER OF THE COURT                                      counted only as two-thirds of normal working
                       of 10 January 1995                                 hours ?
in Case C-l/94 S-A: Dupret SA v. Commission of the                    3 . If Question 1 is to be answered in the affirmative, is there
                  European Communities ( l )                              an infringement of Council Directive 76/207/EEC (2) in
(Application for authorization to serve a garnishee order on              the form of indirect discrimination against women in
       the Commission of the European Communities)                        regard to access to career progression (promotion),
                            ( 95/C 54/09 )                                where the second sentence of section 13 (2 ) of the LBV
                                                                          provides that, for the purpose of calculating the periods
                                                                          of service of officials, periods of employment involving
               (Language of the case: French)                             working hours of at least one-half of two-thirds of
                                                                          normal working hours are counted only as two-thirds of
In Case 1/94 SA: Dupret SA, a company governed by Belgian                 normal working hours ?
law which is in liquidation, represented by Georges-Albert            (!) OJ No L 45 , 19 . 2 . 1975 , p. 19.
Dal, of the Bussels Bar, receiver, 18 Rue de l'Aurore, 1050           (2) OJ No L 39, 14. 2 . 1976, p. 40.
Brussels, against Commission of the European
Communities (Agent: S. Van Raepenbusch) — application
for authorization to serve a garnishee order on the
Commission of the European Communities — the Court,                   Reference for a preliminary ruling by the Landgericht
composed of G. C. Rodriguez Iglesias, President, F. A.                Dortmund by order of that court of 27 December 1994 in
Schockweiler, P. J. G. Kapteyn, C. Gulmann (Presidents of                    the case of Reisebüro Broede v. Gerd Sandker
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho                                       (Case C-3/95 )
de Almeida, J. L. Murray, D. A. O. Edward ( Rapporteur),
                                                                                                 ( 95/C 54/11 )
A. M. La Pergola and J.-P. Puissochet, Judges; C. O. Lenz,
Advocate General; R. Grass, Registrar, made an order on               Reference has been made to the Court of Justice of the
10 January 1995, the operative part of which is as                    European Communities by order of the Ninth Civil
follows :
                                                                      Chamber of the Landgericht ( Regional Court) Dortmund of
                                                                      27 December 1994, which was received at the Court
1 . There is no need to give a decision on the                        Registry on 1 1 January 1995, for a preliminary ruling in the
     application;                                                     case of Reisebüro Broede v. Gerd Sandker on the following
                                                                      questions:
2. each party is to bear its own costs.                               does Article 59 of the EEC Treaty preclude a national rule
                                                                      which prohibits an undertaking established in another
(!) OJ No C 218 , 6 . 8 . 1994.                                       Member State from securing judicial recovery of foreign
                                                                      debts on the ground that this activity is reserved under the
                                                                      national rule for persons to whom a special official licence
                                                                      has been issued for that purpose ?