Judgment of the Court (Fifth Chamber) of 15 May 2003 in Case C-160/01 (Reference for a preliminary ruling from the Sozialgericht Leipzig): Karin Mau v Bundesanstalt für Arbeit (Council Directive 80/987/EEC — National legislation fixing the final date for the guarantee period as that of the decision to open the procedure for the collective settlement of claims where the employment relationship still exists at that date — Article 141 EC — Indirect discrimination against female employees on child raising leave — Liability of a Member State in the event of infringement of Community law)
Date: 2003-07-05
Institutions: Court of Justice
Subjects: financial solvency, infringement of EU law, interpretation of the law, labour law, parental leave, pay, sexual discrimination

5.7.2003

EN

Official Journal of the European Union

C 158/5

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 May 2003

in Case C-160/01 (Reference for a preliminary ruling from
the Sozialgericht Leipzig): Karin Mau v Bundesanstalt für
Arbeit (1)

(Council Directive 80/987/EEC — National legislation fix-
ing the final date for the guarantee period as that of the
decision to open the procedure for the collective settlement of
claims where the employment relationship still exists at that
date — Article 141 EC — Indirect discrimination against
female employees on child raising leave — Liability of a
Member State in the event of infringement of Community
law)

(2003/C 158/06)

(Language of the case: German)

(Fifth Chamber)

of 15 May 2003

in Case C-193/01 P: Athanasios Pitsiorlas (1)

(Appeal — Decision 93/731/EC — Access to Council
documents — Decision 1999/284/EC — Access to docu-
mentation and archives of the European Central Bank —
‘Basle/Nyborg’ Agreement on the reinforcement of the
European Monetary System — Refusal of access — Appli-
cation out of time against that decision — Excusable error)

(2003/C 158/07)

(Language of the case: Greek)

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

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

In Case C-160/01: Reference to the Court under Article 234
EC by the Sozialgericht Leipzig (Germany) for a preliminary
ruling in the proceedings pending before that court between
Karin Mau and Bundesanstalt für Arbeit, on the interpretation
of Articles 3 and 4 of Council Directive 80/987/EEC of
20 October 1980 on the approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer (OJ 1980 L 283,
p. 23) and of Article 141 EC, the Court (Fifth Chamber),
composed of: M. Wathelet, President of
the Chamber,
C.W.A. Timmermans, D.A.O. Edward (Rapporteur), P. Jann and
S. von Bahr, Judges; J. Mischo, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 15 May 2003, in which it has ruled:

1. Articles 3(2) and 4(2) of Council Directive 80/987/EEC of
20 October 1980 on the approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer must be interpreted as
precluding a provision of national
such as Para-
graph 183(1) of Sozialgesetzbuch III (German Social Code,
Part III), which defines the date of the onset of the employer’s
insolvency as the date of the decision ruling on the request for
opening of the insolvency procedure and not the date on which
that request was lodged.

law,

2.

The expression ‘employment relationship’ within the meaning
of Articles 3 and 4 of Directive 80/987, must be interpreted
as excluding periods which, by their very nature, cannot give
rise to outstanding salary claims. A period during which the
employment relationship is suspended on account of child
raising leave and, for that reason, confers no right to remuner-
ation, is therefore excluded.

( 1) OJ C 173 of 16.6.2001.

In Case C-193/01 P, Athanasios Pitsiorlas, residing at Thessa-
loniki (Greece), represented by D. Papafilippou, lawyer: Appeal
against the judgment of the Court of First Instance of the
European Communities (First Chamber) of 14 February 2001
in Case T-3/00 Pitsiorlas v Council and ECB [2001] ECR II-
717, seeking to have that judgment set aside, the other parties
to the proceedings being: Council of the European Union
(Agents: M. Bauer and D. Zachariou) and European Central
Bank, the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, C.W.A. Timmermans (Rapporteur),
D.A.O. Edward, P. Jann and A. Rosas, Judges; A. Tizzano,
Advocate General; L. Hewlett, Principal Administrator, Regis-
trar, has given a judgment on 15 May 2003, in which it:

1.

2.

3.

Sets aside the order of the Court of First Instance of the
European Communities of 14 February 2001 in Case T-3/00
Pitsiorlas v Council and ECB;

Rejects the plea of inadmissibility raised by the Council of the
European Union before the Court of First Instance;

Refers the case back to the Court of First Instance for judgment
on Mr Pitsiorlas’ application for annulment of the decision of
the Council of 30 July 1999 and the decision of the European
Central Bank of 8 November 1999 refusing him access to a
document;

4.

Reserves the costs.

(1) OJ C 200 of 14.7.2001.