CELEX: C2000/163/07
Language: en
Date: 2000-06-10 00:00:00
Title: Judgment of the Court of 4 April 2000 in Case C-269/97: Commission of the European Communities v Council of the European Union (Regulation (EC) No 820/97 — Legal basis)

10.6.2000                  EN                       Official Journal of the European Communities                                            C 163/5
2. Neither the reduction in working time, by reference to the                                    JUDGMENT OF THE COURT
     standard working time for day-work, awarded in respect of work
     performed according to a three-shift roster, nor the value of such
     a reduction, are to be taken into consideration for the purpose of                                   (First Chamber)
     calculating the salary used as the basis for a pay comparison for
     the purposes of Article 119 of the Treaty and Directive 75/117.
     However, such a reduction may constitute an objective reason                                         of 4 April 2000
     unrelated to any discrimination on grounds of sex such as to
     justify a difference in pay. It is for the employer to show that such
     is in fact the case.
                                                                               in Case C-465/98 (reference for a preliminary ruling from
                                                                               the Oberlandesgericht Köln): Verein gegen Unwesen in
(1) OJ C 278 of 5.9.1998.                                                          Handel und Gewerbe Köln eV v Adolf Darbo AG (1)
                                                                               (Labelling and presentation of foodstuffs — Directive
                                                                                    79/112/EEC — Strawberryjam — Risk of deception)
                   JUDGMENT OF THE COURT                                                                  (2000/C 163/08)
                             of 4 April 2000
                                                                                                   (Language of the case: German)
in Case C-269/97: Commission of the European Communi-
             ties v Council of the European Union (1)
           (Regulation (EC) No 820/97 — Legal basis)                           (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
                             (2000/C 163/07)
                                                                               In Case C-465/98, reference to the Court under Article 177 of
                       (Language of the case: French)                          the EC Treaty (now Article 234 EC) by the Oberlandesgericht
                                                                               Köln (Germany) for a preliminary ruling in the proceedings
                                                                               pending before that court between Verein gegen Unwesen in
(Provisional translation; the definitive translation will be published         Handel und Gewerbe Köln eV and Adolf Darbo AG — on
                      in the European Court Reports)                           the interpretation of Article 2(1)(a)(i) of Council Directive
                                                                               79/112/EEC of 18 December 1978 on the approximation of
In Case C-269/97: Commission of the European Communities                       the laws of the Member States relating to the labelling,
(Agents: P. van Nuffel and G. Berscheid), supported by the                     presentation and advertising of foodstuffs for sale to the
European Parliament (Agents: J. Schoo and E. Waldherr) v                       ultimate consumer (OJ 1979 L 33, p. 1) — the Court (First
Council of the European Union (Agents: J.-C. Piris, J. Carbery                 Chamber), composed of: L. Sevón, President of the Chamber,
and M. Sims) — application for annulment of Council                            P. Jann and M. Wathelet (Rapporteur), Judges; P. Léger,
Regulation (EC) No 820/97 of 21 April 1997 establishing a                      Advocate General; L. Hewlett, Administrator, for the Registrar,
system for the identification and registration of bovine animals               has given a judgment on 4 April 2000, in which it has ruled:
and regarding the labelling of beef and beef products (OJ 1997
L 117, p. 1) — the Court, composed of: G.C. Rodriguez
Iglesias, President, D.A.O. Edward and L. Sevón (Rapporteur),                 Article 2(1)(a)(i) of Council Directive 79/112/EEC of 18 December
Presidents of Chambers, P.J.G. Kapteyn, C. Gulmann,                            1978 on the approximation of the laws of the Member States
J.-P. Puissochet, P. Jann, H. Ragnemalm and M. Wathelet,                       relating to the labelling, presentation and advertising of foodstuffs
Judges; A. Saggio, Advocate General; R. Grass, Registrar, has                  for sale to the ultimate consumer does not preclude use of the
given a judgment on 4 April 2000, in which it:                                 description ‘naturally pure’ for a strawberry jam which contains the
                                                                               gelling agent pectin and traces or residues of lead, cadmium and
1. Dismisses the application;                                                  pesticides of the following levels: 0.01 mg/kg of lead, 0.008 mg/kg
                                                                               of cadmium, 0.016 mg/kg of procymidone and 0.005 mg/kg of
2. Orders the Commission of the European Communities to pay the                vinclozolin.
     costs;
3. Orders the European Parliament to bear its own costs.
                                                                               (1) OJ C 71 of 13.3.1999.
(1) OJ C 295 of 27.9.1997.