«(Directive 76/207/EEC – Equal treatment for men and women – Promotion – Principle of effective control by the courts – Inadmissibility)»

1.. Preliminary rulings – Jurisdiction of the Court – Limits – General or hypothetical questions – Determination by the Court as to whether it has jurisdiction (Art. 234 EC)

2.. Social policy – Men and women – Access to employment and working conditions – Equal treatment – Directive 76/207 – Principle of effective control by the courts – Whether possibility of bringing a claim for compensation against the State before the civil courts is adequate (Council Directive 76/207, Art. 6)

JUDGMENT OF THE COURT (Fifth Chamber) 5 February 2004 (1)

((Directive 76/207/EEC – Equal treatment for men and women – Promotion – Principle of effective control by the courts – Inadmissibility))

In Case C-380/01,

REFERENCE to the Court under Article 234 EC by the Verwaltungsgerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40),

THE COURT (Fifth Chamber),,

composed of: P. Jann, acting for the President of the Fifth Chamber, C.W.A. Timmermans (Rapporteur) and A. Rosas, Judges,

Advocate General: S. Alber,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Schneider, represented by P. Ringhofer, Rechtsanwalt, the Austrian Government, represented by H. Dossi, and the Commission, represented by J. Sack and N. Yerrel at the hearing on 23 October 2002,

after hearing the Opinion of the Advocate General at the sitting on 10 December 2002,

gives the following

Community law

National law

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Verwaltungsgerichtshof (Austria) by decision received at the Court on 4 October 2001, hereby rules:

Jann

Timmermans

Rosas

Delivered in open court in Luxembourg on 5 February 2004.

R. Grass

V. Skouris

Registrar

President