Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62008CN0194

    Case C-194/08: Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 9 May 2005 — Dr. Susanne Gassmayr v Bundesministerin für Wissenschaft und Forschung

    OJ C 197, 2.8.2008, p. 9–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    2.8.2008   

    EN

    Official Journal of the European Union

    C 197/9

    Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 9 May 2005 — Dr. Susanne Gassmayr v Bundesministerin für Wissenschaft und Forschung

    (Case C-194/08)

    (2008/C 197/13)

    Language of the case: German

    Referring court

    Verwaltungsgerichtshof

    Parties to the main proceedings

    Applicant: Dr Susanne Gassmayr

    Defendant: Bundesministerin für Wissenschaft und Forschung

    Questions referred

    1.

    1.

    Does Article 11(1), (2) and (3) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (1) (OJ 1992 L 348, p. 1) have direct effect?

    2.

    If those provisions do have direct effect are they to be construed as meaning that there is a continued entitlement to payment of an allowance for on-call duty during periods in which expectant mothers are prohibited from working and/or during maternity leave?

    3.

    Does this apply, in any event, where a Member State decides on a system of continuation of ‘pay’ which in principle encompasses total income, with the exception, however, of so-called ‘extra emoluments’ based on tasks performed (contingent on performance of those tasks) (as listed in Paragraph 15 of the [Austrian] Law on salaries (Gehaltsgesetz, ‘GehG’) 1956), such as the allowance for on-call duty at issue here?

    2.

    If the aforementioned provisions do not have direct effect, are they to be transposed by the Member States in such a way that a woman worker who is not permitted to render on-call duties during periods in which expectant mothers are prohibited from working and/or during maternity leave is entitled to continue to be paid an allowance for such services?

    (1)  OJ L 348, p. 1.

    Top