Judgment of the Court 29 January 2002 in Case C-162/00 (Reference for a preliminary ruling from the Bundesarbeitsgericht): Land Nordrhein-Westfalen v Beata Pokrzeptowicz-Meyer (External relations — Europe Agreement between the Communities and Poland — Interpretation of the first indent of Article 37(1) — Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State — Fixed-term contract of employment of a foreign-language assistant — Effect on such a contract of the entry into force of the Europe Agreement)
Date: 2002-04-20
Institutions: Court of Justice
Subjects: EU law - national law, Poland, association agreement (EU), interpretation of the law, teacher, work contract

20.4.2002

EN

Official Journal of the European Communities

C 97/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

29 January 2002

in Case C-162/00 (Reference for a preliminary ruling from
the Bundesarbeitsgericht): Land Nordrhein-Westfalen v
Beata Pokrzeptowicz-Meyer (1)

(External relations — Europe Agreement between the Com-
munities and Poland — Interpretation of the first indent of
Article 37(1) — Prohibition of discrimination based on
nationality as regards conditions of employment or dismissal
for Polish workers legally employed in a Member State —
Fixed-term contract of employment of a foreign-language
assistant — Effect on such a contract of the entry into force
of the Europe Agreement)

(2002/C 97/01)

(Language of the case: German)

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

In Case C-162/00: Reference to the Court under Article 234
EC by the Bundesarbeitsgericht (Germany) for a preliminary
ruling in the proceedings pending before that court between
Land Nordrhein-Westfalen and Beata Pokrzeptowicz-Meyer,
on the interpretation of Article 37(1) of the Europe Agreement
establishing an association between the European Communi-
ties and their Member States, of the one part, and the Republic
of Poland, of the other part, concluded and approved on behalf
of the Community by Decision 93/743/Euratom, ECSC, EC of
the Council and the Commission of 13 December 1993
(OJ 1993 L 348, p. 1), the Court, composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola (Rapporteur), J.-P. Puissochet, J.N. Cunha Rodri-
gues and C.W.A. Timmermans, Judges; F.G. Jacobs, Advocate
General; L. Hewlett, Administrator, Registrar, has given a
judgment on 29 January 2002, in which it has ruled:

and their Member States, of the one part, and the Republic of
Poland, of the other part, concluded and approved on behalf of
the Community by Decision 93/743/Euratom, ECSC, EC of
the Council and the Commission of 13 December 1993, which
has direct effect, precludes the application to Polish nationals of
a national provision according to which positions for foreign-
language assistants may be filled by means of
fixed-term
contracts of employment, whereas,
for other teaching staff
performing special duties, recourse to such contracts must be
individually justified by an objective reason.

2.

The first indent of Article 37(1) of the Europe Agreement
applies, from the date of entry into force of that agreement, to
a fixed-term contract of employment which was concluded prior
to the date of its entry into force but which is due to expire after
that date.

(1) OJ C 211 of 22.7.2000.

ORDER OF THE COURT

(Fifth Chamber)

of 22 January 2002

in Case C-447/00 (Reference for a preliminary ruling from
the Landesgericht Salzburg): Holto Ltd (1)

(Reference for a preliminary ruling — Registration of a
company branch established in a Member State in the
commercial register of that State, the company having its
seat in another Member State where it conducts no economic
activities — Lack of jurisdiction of the Court)

(2002/C 97/02)

(Language of the case: German)

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

1.

The first indent of Article 37(1) of the Europe Agreement
establishing an association between the European Communities

In Case C-447/00: Reference to the Court under Article 234 EC
by the Landesgericht Salzburg (Austria) for a preliminary