Criminal Proceedings against Jean-Claude Levy
European Union Court of Justice
Case C-158/91, ECR 1-4287 (1993)
- Written by Curtis Parvin, JD
Facts
Jean-Claude Levy (defendant) employed 23 women on the night shift of his French company, Nouvelle Falor SA. Under a multi-country convention (the ILO convention) adopted by the International Labour Organization (ILO), employing women at night was prohibited. France ratified the convention, making the convention’s terms part of French law. Subsequently, the European Economic Community (EEC), of which France was a member, adopted a treaty (the EEC treaty) that prohibited the unequal treatment of men and women in employment, vocational training, promotion, and working conditions. France (plaintiff) prosecuted Levy under French law, and Levy challenged the prosecution, asserting that French law violated the EEC treaty and was therefore invalid. The French trial court referred the matter to the European Union Court of Justice (EUCJ) on whether the EEC treaty trumped the preexisting ILO convention.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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