«(Equal treatment – Remuneration of university professors – Indirect discrimination – Length-of-service increment – Liability of a Member State for damage caused to individuals by infringements of Community law for which it is responsible – Infringements attributable to a national court)»

1.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Infringement attributable to a supreme court – No effect – Court competent to decide a case relating to such compensation – Application of national law

2.. Community law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals – Conditions in the event of infringement attributable to a supreme court – Manifest character of the infringement – Criteria

3.. Freedom of movement for persons – Workers – Equal treatment – Remuneration of university professors – Indirect discrimination – Length-of-service increment which takes into account only the length of service in the universities of the Member State concerned – Not permissible – Whether justifiable – No justification (EC Treaty, Art. 48 (now, after amendment, Art. 39 EC); Council Regulation No 1612/68, Art. 7(1))

4.. Community law – Infringement by a Member State – Obligation to make good damage caused to individuals – Infringement attributable to a supreme court – Particular circumstances – Lack of manifest character of the infringement

JUDGMENT OF THE COURT 30 September 2003 (1)

((Equal treatment – Remuneration of university professors – Indirect discrimination – Length-of-service increment – Liability of a Member State for damage caused to individuals by infringements of Community law for which it is responsible – Infringements attributable to a national court))

In Case C-224/01,

REFERENCE to the Court under Article 234 EC by the Landesgericht für Zivilrechtssachen Wien (Austria), for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation, first, of Article 48 of the EC Treaty (now, after amendment, Article 39 EC) and, secondly, the judgments of the Court in Joined Cases C-46/93 and C-48/93

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.A. Timmermans (Rapporteur) (Presidents of Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas, Judges,

Advocate General: P. Léger,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Köbler, represented by A. König, the Austrian Government, represented by E. Riedl, acting as Agent, the German Government, represented by A. Dittrich, the French Government, represented by R. Abraham, the Netherlands Government, represented by H.G. Sevenster, the United Kingdom Government, represented by J.E. Collins, and by D. Andersen and M. Hoskins, and the Commission, represented by J. Sack and H. Kreppel, at the hearing on 8 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 8 April 2003,

gives the following

Observations submitted to the Court

Reply by the Court

Principle of State liability

Conditions governing State liability

Observations submitted to the Court

Reply by the Court

Observations submitted to the Court

Reply by the Court

The rule of law infringed, which must confer rights on individuals

The sufficiently serious nature of the breach

On those grounds,

THE COURT,

in answer to the questions referred to it by the Landesgericht für Zivilrechtssachen Wien by order of 7 May 2001, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Gulmann

Edward

La Pergola

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Rosas

Delivered in open court in Luxembourg on 30 September 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President