CELEX: C2000/316/13
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 13 July 2000 in Case C-166/99 (reference for a preliminary ruling from the Cour du travail de Bruxelles): Marthe Defreyn v Sabena SA (Equal pay for men and women — Additional pre-retirement payment)

4.11.2000                 EN                      Official Journal of the European Communities                                               C 316/7
Articles 2 and 5 of the Eighth Council Directive 79/1072/EEC of              that regulation — the Court (Fifth Chamber), composed of:
6 December 1979 on the harmonisation of the laws of the Member               D.A.O. Edward, President of the Chamber, L. Sevón, P.J.G. Kap-
States relating to turnover taxes — Arrangements for the refund of           teyn (Rapporteur), P. Jann and M. Wathelet, Judges; F.G. Jacobs,
value added tax to taxable persons not established in the territory of       Advocate General; R. Grass, Registrar, has given a judgment
the country must be interpreted as meaning that:                             on 13 July 2000, in which it:
—     they grant taxable persons established in a Member State where         1.    Declares that, by maintaining unamended Article 257(1) of
      only part of their transactions are taxed a right to partial refund          the French Customs Code of 11 May 1977 as regards
      of the VAT which has been charged in a Member State where                    Community shipowners covered by Article 1(1) of Council
      they are not established on goods or services used for the purposes          Regulation (EEC) No 3577/92 of 7 December 1992 applying
      of their transactions in the Member State of establishment;                  the principle of freedom to provide services to maritime transport
                                                                                   within Member States (maritime cabotage), the French Republic
—     the amount of VAT refundable is calculated, first, by determin-              has failed to fulfil its obligations under that regulation;
      ing which transactions give rise to a right to deduction in the
      Member State of establishment and, second, by taking account           2.    Orders the French Republic to pay the costs.
      solely of the transactions which would also give rise to a right
      of deduction in the Member State of refund if they were carried
                                                                             (1) OJ C 226 of 7.8.1999.
      out there and of the expenses giving rise to a right to deduction
      in the latter State.
(1) OJ C 188 of 3.7.1999.
                                                                                               JUDGMENT OF THE COURT
                                                                                                         (Fifth Chamber)
                  JUDGMENT OF THE COURT                                                                   of 13 July 2000
                            (Fifth Chamber)                                  in Case C-166/99 (reference for a preliminary ruling from
                                                                             the Cour du travail de Bruxelles): Marthe Defreyn v
                                                                                                           Sabena SA (1)
                             of 13 July 2000
                                                                             (Equal pay for men and women — Additional pre-retirement
in Case C-160/99: Commission of the European Communi-                                                         payment)
                       ties v French Republic (1)
                                                                                                         (2000/C 316/13)
(Failure by a Member State to fulfil its obligations —
Freedom to provide services — Regulation (EEC) No 3577/92
    — Maritime cabotage — Ships flying the French flag)                                           (Language of the case: French)
                            (2000/C 316/12)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                      (Language of the case: French)
                                                                             In Case C-166/99: reference to the Court under Article 177 of
                                                                             the EC Treaty (now Article 234 EC) by the Cour du Travail,
                                                                             Brussels, for a preliminary ruling in the proceedings pending
(Provisional translation; the definitive translation will be published
                                                                             before that court between Marthe Defreyn and Sabena SA, on
                     in the European Court Reports)
                                                                             the interpretation of Protocol No 2 on Article 119 of the
                                                                             Treaty establishing the European Community, annexed to the
In Case C-160/99: Commission of the European Communities                     EC Treaty, and Article 5 of Council Directive 76/207/EEC of
(Agents: F. Benyon and B. Mongin) v French Republic (Agents:                 9 February 1976 on the implementation of the principle of
K. Rispal-Bellanger and D. Colas) — application for a declar-                equal treatment for men and women as regards access to
ation that, by maintaining unamended Article 257(1) of the                   employment, vocational training and promotion, and working
French Customs Code of 11 May 1977 as regards Community                      conditions (OJ 1976 L 39, p. 40) — the Court (Fifth Chamber),
shipowners covered by Article 1(1) of Council Regulation                     composed of: D.A.O. Edward, President of the Chamber,
(EEC) No 3577/92 of 7 December 1992 applying the principle                   L. Sevón, P.J.G. Kapteyn (Rapporteur), P. Jann and M. Wathelet,
of freedom to provide services to maritime transport within                  Judges; D. Ruiz-Jarabo Colomer, Advocate General; D. Louter-
Member States (maritime cabotage) (OJ 1992 L 364, p. 7), the                 man-Hubeau, Principal Administrator, for the Registrar, has
French Republic has failed to fulfil its obligations under                   given a judgment on 13 July 2000, in which it ruled:
 ---pagebreak--- C 316/8                  EN                     Official Journal of the European Communities                                          4.11.2000
1.    Protocol No 2 on Article 119 of the Treaty establishing the          1.    Dismisses the appeal;
      European Community, annexed to the EC Treaty, applies to a
      payment such as the additional pre-retirement payment provided       2.    Orders the European Parliament to pay the costs.
      for by Collective Agreement No 17, rendered compulsory by the
      Royal Decree of 16 January 1975 and provided for in the
      Collective Labour Agreement of 23 May 1984 concluded                 (1) OJ C 246 of 28.8.1999.
      within Joint Sub-Committee No 315.1.
2.    An additional payment which, as in the present case, constitutes
      ‘pay’ within the meaning of Article 119 of the EC Treaty
      (Articles 117 to 120 of the EC Treaty have been replaced by
      Articles 136 EC to 143 EC) is not covered by Article 5 of
      Council Directive 76/207/EEC of 9 February 1976 on the
      implementation of the principle of equal treatment for men and
      women as regards access to employment, vocational training                            JUDGMENT OF THE COURT
      and promotion, and working conditions.
                                                                                                  of 12 September 2000
(1) OJ C 188 of 3.7.1999.
                                                                           in Case C-276/97: Commission of the European Communi-
                                                                                                ties v French Republic (1)
                                                                           (Failure to fulfil obligations — Article 4(5) of the Sixth VAT
                                                                           Directive — Access to roads on payment of a toll — Failure to
                                                                           levy VAT — Regulations (EEC, Euratom) Nos 1552/89 and
                                                                                  1553/89 — Own resources accruing from VAT)
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                           (2000/C 316/15)
                            of 13 July 2000
                                                                                               (Language of the case: French)
in Case C-174/99 P: European Parliament v Pierre
                               Richard (1)                                 (Provisional translation; the definitive translation will be published
                                                                                              in the European Court Reports)
(Officials — Recruitment procedure — Application of
             Article 29(1) of the Staff Regulations)
                                                                           In Case C-276/97: Commission of the European Communities
                                                                           (Agents: H. Michard and E. Traversa) v French Republic
                           (2000/C 316/14)                                 (Agents: K. Rispal-Bellanger, and G. Mignot) — application for
                                                                           a declaration that,
                     (Language of the case: French)                        —     by failing to charge value added tax on motorway tolls as
                                                                                 consideration for the service supplied to users, contrary
                                                                                 to Articles 2 and 4 of the Sixth Council Directive
(Provisional translation; the definitive translation will be published           77/388/EEC of 17 May 1977 on the harmonisation of
                    in the European Court Reports)                               the laws of the Member States relating to turnover taxes
                                                                                 — Common system of value added tax: uniform basis of
In Case C-174/99 P: European Parliament (Agent: J. Sant’Anna,                    assessment (OJ 1977 L 145, p. 1), and
assisted by D. Waelbroeck) appeal against the judgment of the
Court of First Instance of the European Communities (Fifth                 —     by failing to make the corresponding sums, with interest
Chamber) of 9 March 1999 in Case T-273/97 Richard v                              for late payment, available to the Commission as own
Parliament [1999] ECR-SC I-A-45 and II-235, seeking to have                      resources,
that judgment set aside, the other party to the proceedings
being: Pierre Richard, an official of the European Parliament,             the French Republic has failed to fulfil its obligations under
residing in Luxembourg, represented by A. Lutgen and J. Felt-              the EC Treaty, — the Court, composed of: G.C. Rodrı́guez
gen, of the Luxembourg Bar, with an address for service in                 Iglesias, President, J.C. Moitinho de Almeida (Rapporteur),
Luxembourg at their Chambers, 1 Rue Jean-Pierre Brasseur —                 L. Sevón and R. Schintgen (Presidents of Chambers), P.J.G. Kap-
the Court (Fifth Chamber), composed of: D.A.O. Edward,                     teyn, C. Gulmann, J.-P. Puissochet, P. Jann, H. Ragnemalm,
President of the Chamber, P.J.G. Kapteyn, P. Jann, H. Ragne-               V. Skouris and F. Macken, Judges; S. Alber, Advocate General;
malm (Rapporteur) and M. Wathelet, Judges; J. Mischo, Advo-                D. Louterman-Hubeau and H.A. Rühl, Principal Adminis-
cate General; H.A. Rühl, Principal Administrator, for the                  trators, for the Registrar, has given a judgment on 12 Septemb-
Registrar, has given a judgment on 13 July 2000, in which it:              er 2000, in which it: