Judgment of the Court (Fifth Chamber) of 30 November 2000 in Case C-195/98 (reference for a preliminary ruling from the Oberster Gerichtshof): Österreichischer Gewerkschaftsbund, Gewerkschaft öffentlicher Dienst v Republik Österreich (Article 177 of the EC Treaty (now Article 234 EC) — Definition of "court or tribunal of a Member State" — Freedom of movement for persons — Equal treatment — Seniority — Part of career spent abroad)
Date: 2001-03-24
Institutions: Court of Justice
Subjects: Austria, contract, interpretation of the law, labour law, teacher, working time

C 95/2

EN

Official Journal of the European Communities

24.3.2001

JUDGMENT OF THE COURT

(Fifth Chamber)

of 30 November 2000

3. Where a Member State is obliged to take into account, in
calculating the pay of contractual
teachers and teaching
assistants, periods of employment in certain institutions in other
Member States comparable to the Austrian institutions listed
in Paragraph 26(2) of the Vertragsbedienstetengesetz 1948,
such period must be taken into account without any temporal
limitation.

in Case C-195/98 (reference for a preliminary ruling from
the Oberster Gerichtshof): O¨ sterreichischer Gewerk-
schaftsbund, Gewerkschaft öffentlicher Dienst v Republik
O¨ sterreich (1)

(1) OJ C 234 of 25.7.1998.

(Article 177 of the EC Treaty (now Article 234 EC) —
Definition of ‘court or tribunal of a Member State’ —
Freedom of movement for persons — Equal treatment —
Seniority — Part of career spent abroad)

(2001/C 95/02)

JUDGMENT OF THE COURT

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-195/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC)
from the Oberster
Gerichtshof (Supreme Court) Austria, for a preliminary ruling
in the proceedings pending before that court between O¨ ster-
reichischer Gewerkschaftsbund, Gewerkschaft öffentlicher
Dienst and Republik O¨ sterreich — on the interpretation of
Article 48 of the EC Treaty (now, after amendment, Article 39
EC) and Article 177 of the EC Treaty (now Article 234 EC) and
Article 7 of Regulation (EEC) No 1612/68 of the Council of
15 October 1968 on freedom of movement for workers
within the Community (OJ, English Special Edition 1968
(II), p. 475) — the Court (Fifth Chamber), composed of:
D.A.O. Edward (Rapporteur), acting for the President of the
Fifth Chamber, P. Jann and L. Sevo´ n, Judges, F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 30 November 2000, in which it has ruled:

1.

In exercising functions such as those provided for by Para-
graph 54(2) to (5) of the Arbeits- und Sozialgerichtsgesetz
(Law on Labour and Social Courts), the Oberster Gerichtshof
constitutes a court or tribunal within the meaning of Article 177
of the EC Treaty (now Article 234 EC).

2. Article 48 of the EC Treaty (now, after amendment, Article 39
EC) and 7(1) and (4), of Regulation (EEC) No 1612/68 of
the Council of 15 October 1968 on freedom of movement for
workers within the Community preclude a national rule such as
Paragraph 26 of the Vertragsbedienstetengesetz 1948 (Federal
Law on Contractual Public Servants of 1948) concerning the
account to be taken of previous periods of service for the
purposes of determining the pay of contractual teachers and
teaching assistants, where the requirements which apply to
periods spent in other Member States are stricter than those
applicable to periods spent in comparable institutions of the
Member State concerned.

(Third Chamber)

of 30 November 2000

in Case C-384/99: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure of a Member State to fulfil
its obligations —
Telecommunications — Interconnection of networks —
Interoperability of services — Provision of universal service)

(2001/C 95/03)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-384/99: Commission of the European Communities
(Agent: B. Doherty) v Kingdom of Belgium (Agent: A. Snoecx)
— application for a declaration that, by failing correctly to
implement Article 5 of Directive 97/33/EC of the European
Parliament and of the Council of 30 June 1997 on intercon-
nection in Telecommunications with regard to ensuring uni-
versal service and interoperability through application of the
principles of Open Network Provision (ONP) (OJ 1997 L 199,
p. 32), in conjunction with Annex I thereto, and by failing to
adopt all the measures necessary to implement Article 5 of
that directive, in conjunction with Annexes I and III thereto,
the Kingdom of Belgium has failed to fulfil its obligations
under those provisions and under the EC Treaty — the Court
(Third Chamber), composed of: C. Gulmann (Rapporteur),
President of the Chamber, J.-P. Puissochet and F. Macken,
Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
given a judgment on 30 November 2000, in which it: