Case C-294/04: Reference for a preliminary ruling by order of the Juzgado de lo Social No 30 de Madrid of 5 July 2004 in the case between C. Sarkatzis Herrero and Instituto Madrileño de la Salud
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European civil service, gender equality, interpretation of the law, job access, maternity leave, promotion, regulations for civil servants, rights of civil servants

C 228/28

EN

Official Journal of the European Union

11.9.2004

4. If question 1 is answered in the negative: Can an interested
party usefully appeal against Article 220(2) of the CCC,
introduction and indent (b), as this provision read prior to
19 December 2000, in a situation in which it cannot subse-
quently be ascertained whether, at the time of issue, the
customs authorities had good grounds for issuing a EUR.1
certificate and were right to issue one?

her professional career and the calculation of her seniority,
from that moment, and on the same conditions as all the
other applicants who have obtained posts, notwithstanding
that, according to the provisions of domestic law applicable
in her case, the exercise of the rights associated with the
actual performance of work may be suspended until such
time as she actually commences work?

(1) OJ L 311 of 12.12.2000, p. 17.

Reference for a preliminary ruling by order of the Juzgado
de lo Social No 30 de Madrid of 5 July 2004 in the case
between C. Sarkatzis Herrero and Instituto Madrileño de
la Salud

Reference for a preliminary ruling by the Raad van State
by decision of that court of 13 July 2004 in the case of
M.G. Eman and O.B. Sevinger against het College van
Burgemeester en Wethouders van Den Haag

(Case C-294/04)

(2004/C 228/57)

(Case C-300/04)

(2004/C 228/58)

A reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Juzgado de lo Social No 30
de Madrid of 5 July 2004 for a preliminary ruling in the
proceedings between C. Sarkatzis Herrero and the Instituto
Madrileño de la Salud and received at the Court Registry on 12
July 2004.

Reference has been made to the Court of Justice of the Euro-
pean Communities by decision of the Raad van State (Council
of State) (Netherlands) of 13 July 2004, received at the Court
Registry on 15 July 2004, for a preliminary ruling in the case
of M.G. Eman and O.B. Sevinger against het College van Burge-
meester en Wethouders van Den Haag (Municipal Executive of
The Hague) on the following questions:

The Juzgado de lo Social No 30 de Madrid has requested the
Court of Justice to rule on the following questions:

1. Must the Community provisions on maternity leave and
equal treatment for men and women in access to work be
interpreted as meaning that a woman on maternity leave
who while in that situation obtains a post in the public
service must enjoy the same rights as the other applicants
who have been successful in the competition for access to
the public service?

2. Irrespective of what might have occurred in the case of an
employee taking up a post for the first time, if the employ-
ment relationship was in force, albeit suspended, while she
was on maternity leave, does access to the status of perma-
nent employee constitute one of the rights associated with
career advancement whose effectiveness cannot be affected
by the fact that the person concerned is on maternity leave?

1. Does Part Two of the Treaty apply to persons who possess
the nationality of a Member State and who are resident or
living in a territory belonging to the OCTs referred to in
Article 299(3) EC and having special relations with that
Member State?

2. If the answer is no: are the Member States free, in the light
of the second sentence of Article 17(1) EC, to confer their
nationality on persons who are resident or living in the
OCTs referred to in Article 299(3) EC?

3. Must Article 19(2) EC, read in conjunction with Articles
189 EC and 190(1) EC, be construed as meaning that –
apart from the not unusual exceptions in national
legal
systems relating to, inter alia, deprivation of voting rights in
connection with criminal convictions and legal incapacity –
even in the case where the persons concerned are resident
or living in the OCTs, the status of citizen of the Union
automatically confers the right to vote and to stand as a
candidate in elections to the European Parliament?

3. In application of the abovementioned provisions, and in
particular those on equal treatment for men and women in
access to employment or when employment has been
obtained, is a temporary servant who is on maternity leave
when she obtains a permanent post entitled to take up her
administrative post and assume the status of official, with
the rights inherent in such status, such as the initiation of

4. Do Articles 17 EC and 19(2) EC, read together and consid-
ered in the light of Article 3 of the Protocol, as interpreted
by the European Court of Human Rights, preclude persons
who are not citizens of the Union from having the right to
vote and to stand as candidates in elections to the European
Parliament?