CELEX: C2000/020/35
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-438/99: Reference for a preliminary ruling by the Juzgado de lo Social Único de Algeciras, by order of that court of 10 November 1999 in the case of María Luisa Jiménez Melgar against the Municipality of Los Barrios

22.1.2000               EN                     Official Journal of the European Communities                                        C 20/17
Pleas in law and main arguments                                           Pleas in law and main arguments
Under Article 249 of the EC Treaty, according to which a                  Article 249 CE (ex Article 189 of the EC Treaty), under which
directive is to be binding, as to the result to be achieved, upon         a directive shall be binding, as to the result to be achieved,
each Member State to which it is addressed, Member States are             upon each Member State, carries by implication an obligation
required to observe the time-limits laid down in directives for           on the Member States to observe the period for compliance
their transposition. That time-limit expired on 3 September               laid down in the directive. That period expired without Ireland
1997 without the Italian Republic having brought into force               having enacted the provisions necessary to comply with the
the necessary provisions in order to comply with the directive            directives referred to in the conclusions of the Commission.
referred to in the Commission’s application.
                                                                          (1) OJ L 265, 8.11.1995, p. 17-22.
                                                                          (2) on the certification of animals and animal products OJ L 13 of
(1) OJ 1996 L 236, p. 36.                                                     16.01.1997, p. 18-30.
                                                                          (3) OJ L 295, 29.10.1997, p. 35-36.
Action brought on 16 November 1999 by the Com-                            Reference for a preliminary ruling by the Juzgado de lo
   mission of the European Communities against Ireland                    Social Único de Algeciras, by order of that court of
                                                                          10 November 1999 in the case of Marı́a Luisa Jiménez
                                                                                  Melgar against the Municipality of Los Barrios
                          (Case C-437/99)
                                                                                                    (Case C-438/99)
                           (2000/C 20/34)
                                                                                                     (2000/C 20/35)
An action against Ireland was brought before the Court of
Justice of the European Communities on 16 November 1999                   Reference has been made to the Court of Justice of the
by the Commission of the European Communities, represented                European Communities by an order of the Juzgado de lo Social
by Mr Peter Oliver, Legal Adviser, and by Mr Keir Fitch,                  Único (Social Court), Algeciras, of 10 November 1999, which
official seconded to the Commission’s Legal Service under the             was received at the Court Registry on 17 November 1999, for
arrangement for the exchange of national officials, acting as             a preliminary ruling in the case of Marı́a Luisa Jiménez Melgar
agents, with an address for service at the office of Mr Carlos            against Municipality of Los Barrios, on the following questions:
Gómez de la Cruz, a member of its Legal Service, at the
Wagner Centre, Luxembourg.                                                1. Is Article 10 of Directive 92/85/EEC (1) sufficiently clear,
                                                                               precise and unconditional to be directly effective?
The Applicant claims that the Court should:                               2. In providing that ‘Member States shall take the necessary
                                                                               measures to prohibit the dismissal of workers ... [who are
— declare that by failing to adopt the laws regulations or                     pregnant, have given birth or are breastfeeding] during the
    administrative provisions necessary to comply with                         period from the beginning of their pregnancy to the end
                                                                               of the maternity leave ... save in exceptional cases not
    — Directive 95/53/EC of the Council of 25 October 1995                     connected with their condition’, does Article 10 of the
         fixing the principles governing the organisation of                   Directive require the Member States to lay down, on a
         official inspections in the field of animal nutrition (1);            specific and exceptional basis, the available grounds for
                                                                               dismissing a worker who is pregnant, has given birth or is
    — Directive 96/93/EC of the Council of 17 December                         breast-feeding, so that they must introduce into national
         1996 (2) laying down the rules to be observed in issuing              legislation, together with the general rules on the
         the certificates required by veterinary legislation;                  extinguishment of employment contracts, a further special,
                                                                               exceptional and more limited set of rules expressly for
                                                                               those cases in which the worker is pregnant, has given
    — Directive 97/61/EC of the Council of 20 October 1997                     birth or is breast-feeding?
         amending the Annex to Directive 91/492/EEC laying
         down the health conditions for the production and                3. What repercussions does Article 10 of the Directive have
         placing on the market of live bi-valve molluscs (3)                   regarding non-renewal by an employer of a fixed-term
                                                                               contract of a woman who is pregnant under the same
    and/or by failing to inform the Commission thereof,                        circumstances as prevailed in relation to earlier contracts?
    Ireland has failed to fulfil its obligations under those                   Does Article 10 affect the protection enjoyed by a pregnant
    Directives, and                                                            woman in the context of temporary employment relation-
                                                                               ships, and if so, in what way, according to what parameters
— order Ireland to pay the costs.                                              and to what extent?
 ---pagebreak--- C 20/18                  EN                       Official Journal of the European Communities                                      22.1.2000
4. Where Article 10 of the Directive states that the dismissal                         of maximum levels for pesticide residues in and
     of a worker who is pregnant, has given birth or is                                on fruit and vegetables and Annex II to Directive
     breast-feeding is to take place ‘where applicable, provided                       90/642/EEC relating to the fixing of maximum levels
     that the competent authority has given its consent’, does                         for pesticide residues in and on certain products
     the Directive require that a worker who is pregnant, has                          of plant origin, including fruit and vegetables, and
     given birth or is breast-feeding may be dismissed only by                         providing for the establishment of a list of maximum
     means of a special procedure in which the appropriate                             levels (1),
     competent authority gives its consent prior to the dismissal
     which the employer seeks?                                                     — Council Directive 96/33/EC of 21 May 1996 amending
                                                                                       the Annexes to Directives 86/362/EEC and
                                                                                       86/363/EEC on the fixing of maximum levels for
(1) Council Directive 92/85/EEC of 19 October 1992 on the introduc-                    pesticide residues in and on cereals and foodstuffs of
    tion of measures to encourage improvements in the safety and
                                                                                       animal origin respectively (1),
    health at work of pregnant workers and workers who have
    recently given birth or are breastfeeding (tenth individual Directive
                                                                                   — Council Directive 96/93/EC of 17 December 1996 on
    within the meaning of Article 16(1) of Directive 89/391/EEC) —
    OJ 1992 L 348, p. 1.                                                               the certification of animals and animal products (2),
                                                                                   — Commission Directive 97/72/EC of 15 December
                                                                                       1997 amending Council Directive 70/524/EEC con-
                                                                                       cerning additives in feedingstuffs (3), and
Action brought on 18 November 1999 by the Com-                                     — Commission Directive 98/19/EC of 18 March 1998
mission of the European Communities against the Grand                                  amending Council Directive 70/524/EEC concerning
                      Duchy of Luxembourg                                              additives in feedingstuffs (4),
                          (Case C-440/99)                                          the Grand Duchy of Luxembourg has failed to fulfil its
                                                                                   obligations under Article 4 of Directive 96/32/EC, Article 3
                           (2000/C 20/36)                                          of Directive 96/33/EC, Article 9 of Directive 96/93/EC,
                                                                                   Article 2 of Directive 97/72/EC and Article 2 of Directive
An action against the Grand Duchy of Luxembourg was                                98/19/EC;
brought before the Court of Justice of the European Communi-
ties on 18 November 1999 by the Commission of the Euro-                      2. Order the Grand Duchy of Luxembourg to pay the costs.
pean Communities, represented by Gérard Berscheid, of its
Legal Service, acting as Agent, with an address for service in               The pleas in law and main arguments correspond to those in
Luxembourg at the office of Carlos Gómez de la Cruz, of its                 Case C-405/99 (5); the time-limits for transposition expired on
Legal Service, Wagner Centre, Kirchberg.                                     30 April 1997 (Directives 96/32/EC and 96/33/EC), 1 January
                                                                             1998 (Directive 96/93/EC) and 31 March 1998 (Directives
The Commission claims that the Court should:                                 97/72/EC and 98/19/EC).
1. Declare that, by failing to bring into force within the
     prescribed periods the laws, regulations and administrative             ( 1) OJ No L 144 of 18.6.1996, p. 12.
     provisions necessary to comply with                                     ( 2) OJ No L 13 of 16.1.1997, p. 18.
                                                                             ( 3) OJ No L 351 of 23.12.1997, p. 55.
     — Council Directive 96/32/EC of 21 May 1996 amending                    ( 4) OJ No L 96 of 28.3.1998, p. 39.
         Annex II to Directive 76/895/EEC relating to the fixing             ( 5) See p. 10 of this OJ.