Case C-194/08: Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 9 May 2005 — Dr. Susanne Gassmayr v Bundesministerin für Wissenschaft und Forschung
Date: 2008-05-09
Institutions: Court of Justice
Subjects: indemnification, interpretation of the law, maternity leave, motherhood, occupational health, occupational safety, periodic penalty payment

2.8.2008

EN

Official Journal of the European Union

C 197/9

the

1 (c) the national regulatory authority can in its decision
require
telecommunications
aforementioned
operator, which therefore does not have significant
market power, to negotiate in good faith on the inter-
connection of text and multi-media communications
services between operators' systems in such a way
that, in commercial negotiations, regard must be had
to the objectives which interconnection seeks
to
achieve and negotiations must be based on the
premiss that the operation of SMS and MMS services
between operators' systems can be made subject to
reasonable conditions so that users have the possibility
of using telecommunications operators' communica-
tions services?

2. Do the nature of iMEZ Ab's network and whether iMEZ Ab
should be regarded as a public electronic communications
networks operator have any bearing on the assessment of
the questions set out above?

(1) OJ 2002 L 108, p. 7.

3. Does this apply,

in any event, where a Member State
decides on a system of continuation of ‘pay’ which in
principle encompasses total income, with the exception,
however, of so-called ‘extra emoluments’ based on tasks
performed (contingent on performance of those tasks) (as
listed in Paragraph 15 of the [Austrian] Law on salaries
(Gehaltsgesetz,
‘GehG’) 1956), such as the allowance for
on-call duty at issue here?

2. If the aforementioned provisions do not have direct effect,
are they to be transposed by the Member States in such a
way that a woman worker who is not permitted to render
on-call duties during periods in which expectant mothers are
prohibited from working and/or during maternity leave is
entitled to continue to be paid an allowance for such
services?

(1) OJ L 348, p. 1.

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof (Austria) lodged on 9 May 2005 — Dr. Susanne
Gassmayr v Bundesministerin für Wissenschaft und
Forschung

(Case C-194/08)

(2008/C 197/13)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Dr Susanne Gassmayr

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale della Sicilia (Italy)
lodged on
14 May 2008 — Acoset SpA v Conferenza Sindaci e
Presidenza Prov.Reg.ATO Idrico Ragusa and Others

(Case C-196/08)

(2008/C 197/14)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale della Sicilia

Parties to the main proceedings

Applicant: Acoset SpA

Defendants: Conferenza Sindaci e Presidenza Prov.Reg.ATO
Idrico Ragusa and Others

Defendant: Bundesministerin für Wissenschaft und Forschung

Question referred

Questions referred

1. 1. Does Article 11(1),

(2) and (3) of Council Directive
92/85/EEC of 19 October 1992 on the introduction of
measures to encourage improvements in the safety and
health at work of pregnant workers and workers who
have recently given birth or are breastfeeding (1) (OJ 1992
L 348, p. 1) have direct effect?

2. If those provisions do have direct effect are they to be
construed as meaning that there is a continued entitle-
ment to payment of an allowance for on-call duty during
periods in which expectant mothers are prohibited from
working and/or during maternity leave?

Is the model of a semi-public company formed specifically to
provide a particular public service of industrial importance and
possessing a single corporate purpose, to which that service is
awarded directly, the private ‘industrial’ and ‘operational’ partici-
pant in the company being selected by means of a public and
open procedure, after verification of the financial and technical
requirements and of the operating and managerial requirements
specific to the service to be performed and the specific services
to be provided, consistent with Community law and in particu-
lar with the obligations of transparency and free competition
referred to in Articles 43, 49 and 86 of the Treaty?