CELEX: C2003/158/07
Language: en
Date: 2003-07-05 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 May 2003 in Case C-193/01 P: Athanasios Pitsiorlas (Appeal — Decision 93/731/EC — Access to Council documents — Decision 1999/284/EC — Access to documentation and archives of the European Central Bank — "Basle/Nyborg" Agreement on the reinforcement of the European Monetary System — Refusal of access — Application out of time against that decision — Excusable error)

5.7.2003                 EN                          Official Journal of the European Union                                                C 158/5
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                           (Fifth Chamber)
                                                                                                        (Fifth Chamber)
                           of 15 May 2003
                                                                                                        of 15 May 2003
in Case C-160/01 (Reference for a preliminary ruling from
the Sozialgericht Leipzig): Karin Mau v Bundesanstalt für
                               Arbeit (1)                                             in Case C-193/01 P: Athanasios Pitsiorlas (1)
(Council Directive 80/987/EEC — National legislation fix-
                                                                             (Appeal — Decision 93/731/EC — Access to Council
ing the final date for the guarantee period as that of the
                                                                             documents — Decision 1999/284/EC — Access to docu-
decision to open the procedure for the collective settlement of
                                                                             mentation and archives of the European Central Bank —
claims where the employment relationship still exists at that
                                                                             ‘Basle/Nyborg’ Agreement on the reinforcement of the
date — Article 141 EC — Indirect discrimination against
                                                                             European Monetary System — Refusal of access — Appli-
female employees on child raising leave — Liability of a
                                                                              cation out of time against that decision — Excusable error)
Member State in the event of infringement of Community
                                  law)
                                                                                                        (2003/C 158/07)
                           (2003/C 158/06)
                    (Language of the case: German)                                                (Language of the case: Greek)
(Provisional translation; the definitive translation will be published       (Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                               in the European Court Reports)
In Case C-160/01: Reference to the Court under Article 234
EC by the Sozialgericht Leipzig (Germany) for a preliminary
ruling in the proceedings pending before that court between                  In Case C-193/01 P, Athanasios Pitsiorlas, residing at Thessa-
Karin Mau and Bundesanstalt für Arbeit, on the interpretation                loniki (Greece), represented by D. Papafilippou, lawyer: Appeal
of Articles 3 and 4 of Council Directive 80/987/EEC of                       against the judgment of the Court of First Instance of the
20 October 1980 on the approximation of the laws of the                      European Communities (First Chamber) of 14 February 2001
Member States relating to the protection of employees in the                 in Case T-3/00 Pitsiorlas v Council and ECB [2001] ECR II-
event of the insolvency of their employer (OJ 1980 L 283,                    717, seeking to have that judgment set aside, the other parties
p. 23) and of Article 141 EC, the Court (Fifth Chamber),                     to the proceedings being: Council of the European Union
composed of: M. Wathelet, President of the Chamber,                          (Agents: M. Bauer and D. Zachariou) and European Central
C.W.A. Timmermans, D.A.O. Edward (Rapporteur), P. Jann and                   Bank, the Court (Fifth Chamber), composed of: M. Wathelet,
S. von Bahr, Judges; J. Mischo, Advocate General; H.A. Rühl,                 President of the Chamber, C.W.A. Timmermans (Rapporteur),
Principal Administrator, for the Registrar, has given a judgment             D.A.O. Edward, P. Jann and A. Rosas, Judges; A. Tizzano,
on 15 May 2003, in which it has ruled:                                       Advocate General; L. Hewlett, Principal Administrator, Regis-
                                                                             trar, has given a judgment on 15 May 2003, in which it:
1.    Articles 3(2) and 4(2) of Council Directive 80/987/EEC of
      20 October 1980 on the approximation of the laws of the                1.    Sets aside the order of the Court of First Instance of the
      Member States relating to the protection of employees in the                 European Communities of 14 February 2001 in Case T-3/00
      event of the insolvency of their employer must be interpreted as             Pitsiorlas v Council and ECB;
      precluding a provision of national law, such as Para-
      graph 183(1) of Sozialgesetzbuch III (German Social Code,
      Part III), which defines the date of the onset of the employer’s       2.    Rejects the plea of inadmissibility raised by the Council of the
      insolvency as the date of the decision ruling on the request for             European Union before the Court of First Instance;
      opening of the insolvency procedure and not the date on which
      that request was lodged.                                               3.    Refers the case back to the Court of First Instance for judgment
                                                                                   on Mr Pitsiorlas’ application for annulment of the decision of
2.    The expression ‘employment relationship’ within the meaning                  the Council of 30 July 1999 and the decision of the European
      of Articles 3 and 4 of Directive 80/987, must be interpreted                 Central Bank of 8 November 1999 refusing him access to a
      as excluding periods which, by their very nature, cannot give                document;
      rise to outstanding salary claims. A period during which the
      employment relationship is suspended on account of child               4.    Reserves the costs.
      raising leave and, for that reason, confers no right to remuner-
      ation, is therefore excluded.
                                                                             (1 ) OJ C 200 of 14.7.2001.
( 1) OJ C 173 of 16.6.2001.