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Court of Justice 20.2.98 EN Official Journal of the European Communities C 55/1 I (Information) COURT OF JUSTICE COURT OF JUSTICE JUDGMENT OF THE COURT on the common organisation of the markets in the sugar sector (OJ L 177, 1.7.1981, p. 4), and Commission (Fifth Chamber) Regulation (EC) No 3300/94 of 21 December 1994 laying down transitional measures in the sugar sector following of 27 November 1997 the accession of Austria, Finland and Sweden (OJ L 341, in Case C-27/96 (reference for a preliminary ruling by 30.12.1994, p. 39) Ð the Court (Fifth Chamber) the Länsrätten i Jönköpings Län): Danisco Sugar AB v. composed of: M. Wathelet, President of the First Chamber, Allmänna Ombudet (1) acting as President of the Fifth Chamber, J. C. Moitinho de Almeida, D. A. O. Edward, P. Jann and L. Sevón, (Accession of the Kingdom of Sweden Ð Agriculture Ð (Rapporteur), Judges; A. La Pergola, Advocate-General; Sugar Ð National levy on sugar stocks) H. von Holstein, Deputy Registrar, gave a judgment on 27 November 1997, the operative part of which is as (98/C 55/01) follows: (Language of the case: Swedish) Articles 137(2) and 145(2) of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties (Provisional translation; the definitive translation will be on which the European Union is founded, Articles 39 and published in the European Court Reports) 40 of the EC Treaty, Council Regulation (EEC) No 1785/ 81 of 30 June 1981 on the common organisation of the markets in the sugar sector and Commission Regulation (EC) No 3300/94 of 21 December 1994 laying down In Case C-27/96: reference to the Court under Article 177 transitional measures in the sugar sector following the of the EC Treaty by the Länsrätten i Jönköpings Län accession of Austria, Finland and Sweden do not preclude (Sweden) for a preliminary ruling in the proceedings a State acceding to the European Union from adopting, on pending before that court between Danisco Sugar AB and the eve of its accession, legislation introducing a levy on Allmänna Ombudet, on the interpretation of Articles sugar being then held in stock within that State. 137(2), 145(2) and 149(1) of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the (1) OJ C 95, 30.3.1996. Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ C 241, 29.8.1994, p. 21), Articles 39 and 40 of the EC Treaty, Council Regulation (EEC) No 1785/81 of 30 June 1981 C 55/2 EN Official Journal of the European Communities 20.2.98 JUDGMENT OF THE COURT 3. orders the Italian Republic to pay the costs. (Fifth Chamber) (1) OJ C 247, 24.8.1996. of 4 December 1997 in Case C-207/96: Commission of the European Communities v. Italian Republic (1) (Failure of a Member State to fulfil its obligations Ð Equal treatment for men and women Ð Prohibition of nightwork) (98/C 55/02) JUDGMENT OF THE COURT (Fifth Chamber) of 4 December 1997 (Language of the case: Italian) in Case C-225/96: Commission of the European Communities v. Italian Republic (1) (Failure to fulfil obligations Ð Failure to transpose Directive 79/923/EEC Ð Quality required of shellfish (Provisional translation; the definitive translation will be waters) published in the European Court Reports) (98/C 55/03) In Case C-207/96: Commission of the European Communities (Agents: Marie Wolfcarius and Enrico (Language of the case: Italian) Altieri) v. Italian Republic (Agent: Professor Umberto Leanza, assisted by Oscar Fiumara) Ð application for a declaration that, by not adopting within the prescribed period the laws, regulations and administrative provisions necessary in order to comply with Council Directive 76/ 207/EEC of 9 February 1976 on the implementation of (Provisional translation; the definitive translation will be the principle of equal treatment for men and women as published in the European Court Reports) regards access to employment, vocational training and promotion, and working conditions (OJ L 39, 14.2.1976, p. 40), and by retaining in national law rules prohibiting nightwork by women, contrary to Article 5 of that Directive, the Italian Republic has failed to fulfil its In Case C-225/96: Commission of the European obligations under Community law Ð the Court (Fifth Communities (Agents: initially by Antonio Aresu, and Chamber), composed of: M. Wathelet, President of the subsequently by Paolo Stancanelli) v. Italian Republic First Chamber, acting as President of the Fifth Chamber, (Agent: Professor Umberto Leanza, assisted by Pier J. C. Moitinho de Almeida, D. A. O. Edward Giorgio Ferri) Ð application for a declaration that Ð by (Rapporteur), P. Jann and L. Sevón, Judges; C. O. Lenz, failing to designate waters needing protection or Advocate-General; R. Grass, Registrar, has given a improvement in order to support shellfish life and growth judgment on 4 December 1997, in which it: in accordance with Article 4 of Council Directive 79/923/ EEC of 30 October 1979 on the quality required of shellfish waters (OJ L 281, 10.11.1979, p. 47) and/or to notify such designation to the Commission in accordance with Article 13 of Directive 79/923/EEC; Ð by failing to 1. declares that, by retaining in national law rules establish programmes in order to reduce pollution in prohibiting nightwork by women, contrary to Article 5 accordance with Article 5 of Directive 79/923/EEC, and of Council Directive 76/207/EEC of 9 February 1976 Ð by failing to set values for the parameters listed at on the implementation of the principle of equal points 8 and 9 of the Annex to Directive 79/923/EEC, treatment for men and women as regards access to other than for mercury and lead, in accordance with employment, vocational training and promotion, and Article 3 of Directive 79/923/EEC, the Italian Republic working conditions, the Italian Republic has failed to has failed to fulfil its obligations under the EC Treaty Ð fulfil its obligations under Community law; the Court (Fifth Chamber), composed of: C. Gulmann, President of the Chamber, J. C. Moitinho de Almeida (Rapporteur), D. A. O. Edward, J.-P. Puissochet and P. Jann, Judges; F. G. Jacobs, Advocate-General; R. Grass, 2. dismisses the remainder of the application as Registrar, has given a judgment on 4 December 1997, in inadmissible; which it declares that: 20.2.98 EN Official Journal of the European Communities C 55/3 1. Ð By failing to designate waters needing protection (Case C-258/96) Ð on the interpretation of Article 2(2)(c) or improvement in order to support shellfish life of Council Directive 91/533/EEC of 14 October 1991 on and growth in accordance with Article 4 of an employer's obligation to inform employees of the Council Directive 79/923/EEC of 30 October conditions applicable to the contract or employment 1979 on the quality required of shellfish waters, relationship (OJ L 288, 18.10.1991, p. 32) Ð the Court (Fifth Chamber), composed of: M. Wathelet (Rapporteur), President of the First Chamber, acting as President of the Ð by failing to establish programmes in order to Fifth Chamber, J. C. Moitinho de Almeida, D. A. O. reduce pollution in accordance with Article 5 of Edward, P. Jann and L. Sevón, Judges; G. Tesauro, Directive 79/923/EEC, and Advocate-General; H. A. Rühl, Principal Administrator, for the Registrar, has given a judgment on 4 December 1997, in which it has ruled: Ð by failing to set values for the parameters listed at points 8 and 9 of the Annex to Directive 79/923/ EEC other than for mercury and lead, in accordance with Article 3 of Directive 79/923/ 1. The notification referred to in Article 2(1) of Council EEC, the Italian Republic has failed to fulfil its Directive 91/533/EEC of 14 October 1991 on an obligations under Directive 79/923. employer's obligation to inform employees of the conditions applicable to the contract or employment relationship, in so far as it informs an employee of the 2. The Italian Republic is ordered to pay the costs. essential aspects of the contract or employment relationship and, in particular, of the points listed in Article 2(2)(c), enjoys the same presumption as to its (1) OJ C 247, 24.8.1996. correctness as would attach, in domestic law, to any similar document drawn up by the employer and communicated to the employee. The employer must none the less be allowed to bring any evidence to the contrary, by showing that the information in the notification is either inherently incorrect or has been shown to be so in fact. JUDGMENT OF THE COURT (Fifth Chamber) of 4 December 1997 2. Individuals may rely on Article 2(2)(c) of Directive 91/ 533/EEC directly before the national courts as against in Joined Cases C-253/96 to C-258/96 (references for a the State and any organisations or bodies which are preliminary ruling from the Landesarbeitsgericht Hamm): subject to the authority or control of the State or have Helmut Kampelmann and Others v. Landschafts- special powers beyond those which result from the verband Westfalen-Lippe (Cases C-253/96 to C-256/96), normal rules applicable to relations between Stadtwerke Witten GmbH v.
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