CELEX: C2003/158/25
Language: en
Date: 2003-07-05 00:00:00
Title: Case C-201/03: Action brought on 13 May 2003 by the Commission of the European Communities against the Kingdom of Sweden

5.7.2003                 EN                       Official Journal of the European Union                                          C 158/15
Action brought on 13 May 2003 by the Commission                           Action brought on 12 May 2003 by the Commission
of the European Communities against the Kingdom of                        of the European Communities against the Republic of
                                Sweden                                                                 Austria
                                                                                                  (Case C-203/03)
                           (Case C-201/03)
                                                                                                  (2003/C 158/26)
                           (2003/C 158/25)
                                                                          An action against the Republic of Austria was brought before
                                                                          the Court of Justice of the European Communities on 12 May
                                                                          2003 by the Commission of the European Communities,
                                                                          represented by Nicola Yerrell, of its Legal Service, and Horstpe-
An action against the Kingdom of Sweden was brought before                ter Kreppel, a Labour Court judge on secondment to the Legal
the Court of Justice of the European Communities on 13 May                Service of the Commission in the course of an exchange of
2003 by the Commission of the European Communities,                       national officials, with an address for service in Luxembourg.
represented by L. Stöm och and M. Konstantinidis, acting as
Agents, with an address for service in Luxembourg.
                                                                          The applicant claims that the Court should:
                                                                          1.    Declare that, by maintaining in force,
The Commission claims that the Court should:
                                                                                (a)   in Paragraph 2 of the Regulation of the Federal
—      declare that, by failing to adopt the necessary measures                       Minister for the Economy and Labour concerning
       to ensure that priority is given to the processing of waste                    prohibitions and restrictions of employment of
       oils by regeneration where technical, economic and                             female workers, a general prohibition, with few
       organisational constraints so allow, the Kingdom of                            exceptions, of employment of women in mining
       Sweden has failed to fulfil its obligations under                              underground and,
       Article 3(1) of Council Directive 75/439/EEC ( 1) as
       amended by Directive 87/101/EEC (2),                                     (b) in Paragraphs 8 and 31 of the Regulation on
                                                                                      compressed air and diving work, a general prohib-
                                                                                      ition of employment of women in compressed air
—      order the Kingdom of Sweden to pay the costs.                                  work and in diving work,
                                                                                the Republic of Austria has infringed its obligations under
                                                                                Articles 2 and 3 of Council Directive 76/207/EEC of
                                                                                9 February 1976 ( 1) on the implementation of the
                                                                                principle of equal treatment for men and women as
Pleas in law and main arguments                                                 regards access to employment, vocational training and
                                                                                promotion, and working conditions, and also under
                                                                                Articles 10 and 249 EC.
Member States are required not only to adopt binding national             2.    Order the Republic of Austria to pay the costs.
measures in order to comply with the provisions of Article 3(1)
of the directive but also to adopt measures which make it
possible to apply the provisions in practice. The percentage
for the recycling of waste oils in Sweden in the period 1995-
2000 was 0 %. The Swedish Government has therefore not                    Pleas in law and main arguments
taken the measures which render it possible de facto to
regenerate waste oils in accordance with the requirements set             —     The prohibition of employment of female workers in
out in Article 3(1) of the directive.                                           mining underground:
                                                                                Under Article 3(1) of Directive 76/207/EEC discrimi-
                                                                                nation on grounds of sex in the conditions for access to
( 1) Of 16 June 1975 on the disposal of waste oils, OJ 1975 L 194,              jobs is prohibited.
     p. 23.
( 2) Of 22 December 1986 amending Directive 75/439/EEC on the                   The general prohibition of employment of women in
     disposal of waste oils, OJ 1987 L 42, p. 43.                               mining underground provided for in Paragraph 16 of the
                                                                                Austrian Working Hours Regulation of 30 April 1938
                                                                                was amended only slightly by Paragraph 2 of the
                                                                                Regulation of the Federal Minister for the Economy and
                                                                                Labour concerning prohibitions and restrictions of