Judgment of the Court of 25 July 1991. - Criminal proceedings
against Alfred Stoeckel. - Reference for a preliminary ruling: Tribunal
de police d'Illkirch - France. - Equal treatment for men and women -
Legislation prohibiting nightwork by women. - Case C-345/89.
European Court reports 1991 Page I-04047
Swedish special edition Page I-00345
Finnish special edition Page I-00359
Summary
Parties
Grounds
Decision on costs
Operative part
++++
Social policy - Male and female workers - Access to employment and working conditions - Equal treatment - Directive 76/207/EEC - Article 5 - Direct effect - Prohibition of nightwork by women where the same prohibition does not apply to men - Not permissible
(Council Directive 76/207, Art. 5)
Article 5 of Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is sufficiently precise to impose on the Member States the obligation not to lay down by legislation the principle that nightwork by women is prohibited, even if that obligation is subject to exceptions, where nightwork by men is not prohibited.
In Case C-345/89,
REFERENCE to the Court under Article 177 of the EEC Treaty by the Tribunal de Police (Local Criminal Court), Illkirch, France, for a preliminary ruling in the criminal proceedings pending before that court against
Alfred Stoeckel
on the interpretation 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 and promotion, and working conditions (Official Journal 1976 L 39, p. 40),
THE COURT,
composed of: O. Due, President, G.F. Mancini, T.F. O' Higgins and G.C. RodrÃguez Iglesias (Presidents of Chambers), Sir Gordon Slynn, R. Joliet, F.A. Schockweiler, F. Grévisse and M. Zuleeg, Judges,
Advocate General: G. Tesauro,
Registrar: D. Louterman, Principal Administrator,
after considering the written observations submitted on behalf of:
- Alfred Stoeckel, by Mr Alexander, of the Strasbourg Bar,
- the French Government, by Edwige Belliard, Directeur Adjoint des Affaires Juridiques, Ministry for Foreign Affairs, and Marc Giacomini, Secrétaire des Affaires Etrangères, in the same Ministry, acting as Agents,
- the Italian Government, by Pier Giorgio Ferri, Avvocato dello Stato, acting as Agent,
- the Commission of the European Communities, by Marie Wolfcarius, a member of its Legal Service, acting as Agent,
having regard to the Report for the Hearing,
after hearing the oral observations of Alfred Stoeckel, the French Government, represented by Claude Chavance, Attaché Principal d' Administration Centrale, Direction des Affaires Juridiques, Ministry of Foreign Affairs, the Italian Government and the Commission, at the hearing on 24 January 1990,
after hearing the Opinion of the Advocate General at the sitting on 24 January 1991,
gives the following
Judgment
Costs
21 The costs incurred by the French and Italian Governments and the Commission of the European Communities, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the proceedings pending before the national court, the decision on costs is a matter for that court.
On those grounds,
THE COURT,
in answer to the question referred to it by the Tribunal de Police, Illkirch, by judgment of 4 October 1989, hereby rules:
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 and promotion, and working conditions is sufficiently precise to impose on the Member States the obligation not to lay down by legislation the principle that nightwork by women is prohibited, even if that is subject to exceptions, where nightwork by men is not prohibited.