Opinion of Advocate General Tesauro delivered on 27 October 1992

1 Original language: Italian.

2 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 (OJ 1976 L 39, p. 40).

3 Judgment in Case C 345/89 Stoechel [1991] ECR I 4047.

4 It is of interest to note that in its judgment of 28 January 1992 the German Constitutional court also considered the prohibition on night work provided for by the German leg islaturc to be contrary to Paragraph 3(1) and (3) of the Gcr man Constitution.

5 Judgment in Case 10/61 Commission ν Italy [1962] ECR 1.

6 Judgment in Case 286/86 Descriais [1988] ECR 4907, paragraph 18; Case 121/85 Conegate [1986] ECR 1007, paragraph 25.

7 The French Government has informed the Court that it repudiated ILO Convention No 89 on 26 February 1992. According to the information provided by the Commission during the hearing, the Member States which were still bound by the abovemenlioncd Convention, that is to say, Belgium, Greece, Italy, Spain and Portugal, have also taken similar action. The abrogation of ILO Convention No 89 by the French Government may have repercussions upon the proceedings pending before the national court, but that aspect of the problem lies outwith the competence of the Court.