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11.8.

2001 EN Official Journal of the European Communities C 227/3

JUDGMENT OF THE COURT JUDGMENT OF THE COURT

(Sixth Chamber)
(Sixth Chamber)

of 21 June 2001
of 26 June 2001
in Joined Cases C-280/99 P, C-281/99 P and C-282/99
P: Moccia Irme SpA v Commission of the European
Communities (1) in Case C-381/99 (reference for a preliminary ruling from
the Oberlandesgerichts Wien): Susanna Brunnhofer v
Bank der österreichischen Postsparkasse AG (1)
(Appeal — Aid to the steel industry — Restructuring of the
iron and steel sector)
(Equal pay for men and women — Conditions of application
(2001/C 227/04) — Difference in pay — Definition of ‘the same work’ and
‘work of equal value’ — Classification, under a collective
agreement, in the same job category — Burden of proof —
(Language of the case: Italian) Objective justification for unequal pay — Effectiveness of a
specific employee’s work)

(Provisional translation; the definitive translation will be published (2001/C 227/05)


in the European Court Reports)

in Joined Cases C-280/99 P, C-281/99 P and C-282/99 P,


Moccia Irme SpA, established in Naples (Italy), represented by (Language of the case: German)
E. Capelli, P. de Caterini and A. Bandini, avvocati, Ferriera
Lamifer SpA, established in Travagliato (Italy), represented by
C. Punzi, M. Siragusa and F. Satta, avvocati, and Ferriera
Acciaieria Casilina SpA, established in Montecomprati (Italy),
represented by C. Punzi, M. Siragusa and F. Satta, avvocati, (Provisional translation; the definitive translation will be published
appeals against the judgment of the Court of First Instance in the European Court Reports)
of the European Communities (Third Chamber, Extended
Composition) of 12 May 1999 in Case T-164/96 to
T-167/96, T-122/97 and T-130/97 Moccia Irme and Others v In Case C-381/99: reference to the Court under Article 234 EC
Commission [1999] ECR II-1477, seeking to have that judg- from the Oberlandesgerichts Wien (Austria) for a preliminary
ment set aside, the other parties to the proceedings being: ruling in the proceedings pending before that court between
Commission of the European Communities (Agent: L. Pignatu- Susanna Brunnhofer and Bank der österreichischen Postspark-
ro, assisted by M. Moretto), Prolafer Srl, established in Bergamo asse AG — on the interpretation of Article 119 of the EC
(Italy), Dora Ferriera Acciaieria Srl, established in Bergamo, Treaty (Articles 117 to 120 of the EC Treaty have been
and Nuova Sidercamuna SpA, established in Berzo Inferiore replaced by Articles 136 to 143 EC) and of Council Directive
(Italy) — the Court (Sixth Chamber), composed of: C. Gul- 75/117/EEC of 10 February 1975 on the approximation of
mann, President of the Chamber, V. Skouris, J.-P. Puissochet, the laws of the Member States relating to the application of
R. Schintgen and F. Macken (Rapporteur), Judges; L. A. Geel- the principle of equal pay for men and women (OJ 1975
hoed, Advocate General; D. Louterman-Hubeau, Head of L 45, p. 19) — the Court (Sixth Chamber), composed of:
Division, for the Registrar, has given a judgment on 21 June C. Gulmann, President of the Chamber, V. Skouris,
2001, in which it: R. Schintgen (Rapporteur), F. Macken and J.N. Cunha Rodri-
gues, Judges; L.A. Geelhoed, Advocate General; R. Grass, for
1. Dismisses the appeals; the Registrar, has given a judgment on 26 June 2001, in which
it has ruled:
2. Orders Moccia Irme SpA, Ferriera Lamifer SpA and Ferriera
Acciaieria Casilina SpA to bear their own costs and jointly and The principle of equal pay for men and women laid down in
severally to pay those incurred by the Commission in these Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
proceedings. have been replaced by Articles 136 EC to 143 EC) and elaborated
by Directive 75/117/EEC of 10 February 1975 on the approxi-
mation of the laws of the Member States relating to the application
(1) OJ C 281 of 2.10.1999. of the principle of equal pay for men and women must be interpreted
as follows:

— a monthly salary supplement to which the employees concerned


are entitled under their individual employment contracts, paid