CELEX: C2005/182/39
Language: en
Date: 2005-07-23 00:00:00
Title: Order of the Court (Fourth Chamber) of 10 March 2005 in Case C-178/04: Reference for a preliminary ruling from the Bundesverwaltungsgericht in Franz Marhold v Land Baden-Württemberg (Article 104(3) of the Rules of Procedure — Workers — Civil servants working for employers in the national public sector — University professor — Grant of an annual special allowance)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/21
            
         
      ORDER OF THE COURT
   
   (Fourth Chamber)
   of 10 March 2005
   in Case C-178/04: Reference for a preliminary ruling from the Bundesverwaltungsgericht in Franz Marhold v Land Baden-Württemberg (1)
   
   (Article 104(3) of the Rules of Procedure - Workers - Civil servants working for employers in the national public sector - University professor - Grant of an annual special allowance)
   (2005/C 182/39)
   Language of the case: German
   In Case C-178/04: reference for a preliminary ruling under Article 234 EC from the Bundesverwaltungsgericht (Federal Administrative Court) (Germany), made by decision of 28 January 2004, received at the Court on 15 April 2004, in the proceedings between Franz Marhold and Land Baden-Württemberg — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and E. Levits (Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, made an order on 10 March 2005, the operative part of which is as follows:
   Article 39 EC precludes a national law which refuses the right to an annual special allowance to a civil servant who leaves his employment before 31 March of the following year in order to take up employment in the civil service of another Member State, although it grants the right to such an allowance where the civil servant's new post is within the national civil service.
   
      (1)  OJ C 156 of 12. 06. 2004.