CELEX: C2002/097/01
Language: en
Date: 2002-04-20 00:00:00
Title: Judgment of the Court 29 January 2002 in Case C-162/00 (Reference for a preliminary ruling from the Bundesarbeitsgericht): Land Nordrhein-Westfalen v Beata Pokrzeptowicz-Meyer (External relations — Europe Agreement between the Communities and Poland — Interpretation of the first indent of Article 37(1) — Prohibition of discrimination based on nationality as regards conditions of employment or dismissal for Polish workers legally employed in a Member State — Fixed-term contract of employment of a foreign-language assistant — Effect on such a contract of the entry into force of the Europe Agreement)

20.4.2002               EN                      Official Journal of the European Communities                                                  C 97/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                             and their Member States, of the one part, and the Republic of
                                                                                   Poland, of the other part, concluded and approved on behalf of
                         29 January 2002                                           the Community by Decision 93/743/Euratom, ECSC, EC of
                                                                                   the Council and the Commission of 13 December 1993, which
in Case C-162/00 (Reference for a preliminary ruling from                          has direct effect, precludes the application to Polish nationals of
the Bundesarbeitsgericht): Land Nordrhein-Westfalen v                              a national provision according to which positions for foreign-
                 Beata Pokrzeptowicz-Meyer (1)                                     language assistants may be filled by means of fixed-term
                                                                                   contracts of employment, whereas, for other teaching staff
(External relations — Europe Agreement between the Com-                            performing special duties, recourse to such contracts must be
munities and Poland — Interpretation of the first indent of                        individually justified by an objective reason.
Article 37(1) — Prohibition of discrimination based on
nationality as regards conditions of employment or dismissal                 2.    The first indent of Article 37(1) of the Europe Agreement
for Polish workers legally employed in a Member State —                            applies, from the date of entry into force of that agreement, to
Fixed-term contract of employment of a foreign-language                            a fixed-term contract of employment which was concluded prior
assistant — Effect on such a contract of the entry into force                      to the date of its entry into force but which is due to expire after
                    of the Europe Agreement)                                       that date.
                          (2002/C 97/01)                                     (1) OJ C 211 of 22.7.2000.
                   (Language of the case: German)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                  ORDER OF THE COURT
                                                                                                         (Fifth Chamber)
In Case C-162/00: Reference to the Court under Article 234
EC by the Bundesarbeitsgericht (Germany) for a preliminary                                             of 22 January 2002
ruling in the proceedings pending before that court between                  in Case C-447/00 (Reference for a preliminary ruling from
Land Nordrhein-Westfalen and Beata Pokrzeptowicz-Meyer,                                 the Landesgericht Salzburg): Holto Ltd (1)
on the interpretation of Article 37(1) of the Europe Agreement
establishing an association between the European Communi-                    (Reference for a preliminary ruling — Registration of a
ties and their Member States, of the one part, and the Republic              company branch established in a Member State in the
of Poland, of the other part, concluded and approved on behalf               commercial register of that State, the company having its
of the Community by Decision 93/743/Euratom, ECSC, EC of                     seat in another Member State where it conducts no economic
the Council and the Commission of 13 December 1993                                    activities — Lack of jurisdiction of the Court)
(OJ 1993 L 348, p. 1), the Court, composed of: G.C. Rodrı́guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von                                           (2002/C 97/02)
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola (Rapporteur), J.-P. Puissochet, J.N. Cunha Rodri-                                  (Language of the case: German)
gues and C.W.A. Timmermans, Judges; F.G. Jacobs, Advocate                    (Provisional translation; the definitive translation will be published
General; L. Hewlett, Administrator, Registrar, has given a                                        in the European Court Reports)
judgment on 29 January 2002, in which it has ruled:
1.    The first indent of Article 37(1) of the Europe Agreement              In Case C-447/00: Reference to the Court under Article 234 EC
      establishing an association between the European Communities           by the Landesgericht Salzburg (Austria) for a preliminary