CELEX: C2003/264/23
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court of 9 September 2003 in Case C-25/02 (Reference for a preliminary ruling from the Bundesverwaltungsgericht): Katharina Rinke v Ärztekammer Hamburg (Equal treatment for men and women — Directives 86/457/EEC and 93/16/EEC — Obligation to undertake certain periods of full-time training during part-time training in general medical practice)

C 264/14                   EN                           Official Journal of the European Union                                             1.11.2003
1.    Declares that, by failing to adopt the laws, regulations and              1.    Compliance with the prohibition of indirect discrimination on
      administrative provisions necessary to comply with Directive                    grounds of sex is a condition governing the legality of all
      1999/94/EC of the European Parliament and of the Council                        measures adopted by the Community institutions.
      of 13 December 1999 relating to the availability of consumer
      information on fuel economy and CO2 emissions in respect of               2.    Examination of Question 1 has failed to disclose any factor
      the marketing of new passenger cars, the Italian Republic has                   capable of affecting the validity of the provision contained in
      failed to fulfil its obligations under that directive;                          Article 5(1) of Council Directive 86/457/EEC of 15 September
                                                                                      1986 on specific training in general medical practice and
2.    Orders the Italian Republic to pay the costs.                                   Article 34(1) of Council Directive 93/16/EEC of 5 April
                                                                                      1993 to facilitate the free movement of doctors and the mutual
(1) OJ C 68 of 16.3.2002.
                                                                                      recognition of their diplomas, certificates and other evidence of
                                                                                      formal qualifications, according to which part-time training in
                                                                                      general medical practice must include a certain number of
                                                                                      periods of full-time training.
                                                                                (1) OJ C 97 of 20.4.2002.
                  JUDGMENT OF THE COURT
                         of 9 September 2003
in Case C-25/02 (Reference for a preliminary ruling
from the Bundesverwaltungsgericht): Katharina Rinke v
                     Ärztekammer Hamburg (1)                                                      JUDGMENT OF THE COURT
(Equal treatment for men and women — Directives 86/457/
                                                                                                        of 9 September 2003
EEC and 93/16/EEC — Obligation to undertake certain
periods of full-time training during part-time training in
                       general medical practice)                                in Case C-151/02 (Reference for a preliminary ruling from
                                                                                the Landesarbeitsgericht Schleswig-Holstein): Landes-
                             (2003/C 264/23)                                                  hauptstadt Kiel v Norbert Jaeger (1)
                     (Language of the case: German)                             (Social policy — Protection of the safety and health of
                                                                                workers — Directive 93/104/EC — Concepts of ‘working
(Provisional translation; the definitive translation will be published          time’ and ‘rest period’ — On-call service (‘Bereitschafts-
                     in the European Court Reports)                                         dienst’) provided by doctors in hospitals)
                                                                                                           (2003/C 264/24)
In Case C-25/02: Reference to the Court under Article 234 EC
by the Bundesverwaltungsgericht (Germany) for a preliminary                                         (Language of the case: German)
ruling in the proceedings pending before that court between
Katharina Rinke and Ärztekammer Hamburg on the interpret-
ation of Article 5 of Council Directive 86/457/EEC of 15 Sep-                   (Provisional translation; the definitive translation will be published
tember 1986 on specific training in general medical practice                                        in the European Court Reports)
(OJ 1986 L 267, p. 26) and Article 34 of Council Directive 93/
16/EEC of 5 April 1993 to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certifi-
cates and other evidence of formal qualifications (OJ 1993                      In Case C-151/02: Reference to the Court under Article 234
L 165, p. 1), and on the compatibility of those provisions with                 EC by the Landesarbeitsgericht Schleswig-Holstein (Germany)
the prohibition of indirect discrimination on grounds of sex as                 for a preliminary ruling in the proceedings pending before that
laid down in Council Directive 76/207/EEC of 9 February 1976                    court between Landeshauptstadt Kiel and Norbert Jaeger
on the implementation of the principle of equal treatment for                   on the interpretation of Council Directive 93/104/EC of
men and women as regards access to employment, vocational                       23 November 1993 concerning certain aspects of the organis-
training and promotion, and working conditions (OJ 1976                         ation of working time (OJ 1993 L 307, p. 18) and, in particular,
L 39, p. 40), the Court, composed of: G.C. Rodríguez Iglesias,                  Articles 2(1) and (3) thereof, the Court, composed of: G.C. Ro-
President, J.-P. Puissochet, M. Wathelet, R. Schintgen and                      dríguez Iglesias, President, M. Wathelet, R. Schintgen (Rappor-
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,                         teur) and C.W.A. Timmermans, Presidents of Chambers,
D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur), V. Skouris,                 C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and                   N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,
A. Rosas, Judges; L.A. Geelhoed, Advocate General;                              Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl,
M.-F. Contet, Principal Administrator, for the Registrar, has                   Principal Administrator, for the Registrar, has given a judgment
given a judgment on 9 September 2003, in which it has ruled:                    on 9 September 2003, in which it has ruled: