CELEX: C2001/095/02
Language: en
Date: 2001-03-24 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 30 November 2000 in Case C-195/98 (reference for a preliminary ruling from the Oberster Gerichtshof): Österreichischer Gewerkschaftsbund, Gewerkschaft öffentlicher Dienst v Republik Österreich (Article 177 of the EC Treaty (now Article 234 EC) — Definition of "court or tribunal of a Member State" — Freedom of movement for persons — Equal treatment — Seniority — Part of career spent abroad)

C 95/2                   EN                       Official Journal of the European Communities                                           24.3.2001
                  JUDGMENT OF THE COURT                                      3.    Where a Member State is obliged to take into account, in
                                                                                   calculating the pay of contractual teachers and teaching
                                                                                   assistants, periods of employment in certain institutions in other
                           (Fifth Chamber)                                         Member States comparable to the Austrian institutions listed
                                                                                   in Paragraph 26(2) of the Vertragsbedienstetengesetz 1948,
                       of 30 November 2000                                         such period must be taken into account without any temporal
                                                                                   limitation.
in Case C-195/98 (reference for a preliminary ruling from
the Oberster Gerichtshof): Österreichischer Gewerk-                         (1) OJ C 234 of 25.7.1998.
schaftsbund, Gewerkschaft öffentlicher Dienst v Republik
                             Österreich (1)
(Article 177 of the EC Treaty (now Article 234 EC) —
Definition of ‘court or tribunal of a Member State’ —
Freedom of movement for persons — Equal treatment —
            Seniority — Part of career spent abroad)
                            (2001/C 95/02)                                                     JUDGMENT OF THE COURT
                    (Language of the case: German)                                                     (Third Chamber)
                                                                                                    of 30 November 2000
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                             in Case C-384/99: Commission of the European Communi-
                                                                                               ties v Kingdom of Belgium (1)
In Case C-195/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Oberster
Gerichtshof (Supreme Court) Austria, for a preliminary ruling                (Failure of a Member State to fulfil its obligations —
in the proceedings pending before that court between Öster-                 Telecommunications — Interconnection of networks —
reichischer Gewerkschaftsbund, Gewerkschaft öffentlicher                     Interoperability of services — Provision of universal service)
Dienst and Republik Österreich — on the interpretation of
Article 48 of the EC Treaty (now, after amendment, Article 39
EC) and Article 177 of the EC Treaty (now Article 234 EC) and                                           (2001/C 95/03)
Article 7 of Regulation (EEC) No 1612/68 of the Council of
15 October 1968 on freedom of movement for workers
within the Community (OJ, English Special Edition 1968
(II), p. 475) — the Court (Fifth Chamber), composed of:                                           (Language of the case: French)
D.A.O. Edward (Rapporteur), acting for the President of the
Fifth Chamber, P. Jann and L. Sevón, Judges, F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 30 November 2000, in which it has ruled:                                  (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
1.    In exercising functions such as those provided for by Para-
      graph 54(2) to (5) of the Arbeits- und Sozialgerichtsgesetz            In Case C-384/99: Commission of the European Communities
      (Law on Labour and Social Courts), the Oberster Gerichtshof            (Agent: B. Doherty) v Kingdom of Belgium (Agent: A. Snoecx)
      constitutes a court or tribunal within the meaning of Article 177      — application for a declaration that, by failing correctly to
      of the EC Treaty (now Article 234 EC).                                 implement Article 5 of Directive 97/33/EC of the European
                                                                             Parliament and of the Council of 30 June 1997 on intercon-
2.    Article 48 of the EC Treaty (now, after amendment, Article 39          nection in Telecommunications with regard to ensuring uni-
      EC) and 7(1) and (4), of Regulation (EEC) No 1612/68 of                versal service and interoperability through application of the
      the Council of 15 October 1968 on freedom of movement for              principles of Open Network Provision (ONP) (OJ 1997 L 199,
      workers within the Community preclude a national rule such as          p. 32), in conjunction with Annex I thereto, and by failing to
      Paragraph 26 of the Vertragsbedienstetengesetz 1948 (Federal           adopt all the measures necessary to implement Article 5 of
      Law on Contractual Public Servants of 1948) concerning the             that directive, in conjunction with Annexes I and III thereto,
      account to be taken of previous periods of service for the             the Kingdom of Belgium has failed to fulfil its obligations
      purposes of determining the pay of contractual teachers and            under those provisions and under the EC Treaty — the Court
      teaching assistants, where the requirements which apply to             (Third Chamber), composed of: C. Gulmann (Rapporteur),
      periods spent in other Member States are stricter than those           President of the Chamber, J.-P. Puissochet and F. Macken,
      applicable to periods spent in comparable institutions of the          Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has
      Member State concerned.                                                given a judgment on 30 November 2000, in which it: