ORDER OF THE COURT OF JUSTICE

(Third Chamber)

of 1 April 2004

in Case C-229/03 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): Monica Herbstrith v Republic of Austria (1)

(Preliminary ruling - Inadmissibility)

(2004/C 118/58)

Language of the case: German

In Case C-229/03: reference to the Court under Article 234 EC from the Landesgericht für Zivilrechtssachen Wien (Austria) for a preliminary ruling in the proceedings pending before that court between Monica Herbstrith and Republic of Austria, on, first, the direct effect of ‘Community law concerning equal treatment of men and women at work and, more specifically, 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) or the circumstances in which a Member State may be liable to pay compensation for prejudice suffered by individuals as a result of infringements of Community law, and, second, ‘the rules on the burden of proof laid down in Article 4 of Council Directive 97/80/EC of 15 December 1997’ on the burden of proof in cases of discrimination based on sex (OJ 1998 L 14, p. 6) – the Court (Third Chamber), composed of A. Rosas, President of the Chamber, R. Schintgen (Rapporteur) and N. Colneric, Judges; J. Kokott, Advocate General; R. Grass, Registrar, made an order on 1 April 2004, the operative part of which is as follows:

The reference for a preliminary ruling made by the Landesgericht für Zivilrechtssachen Wien by order of 7 April 2003 is inadmissible.

(1)  OJ C 47 of 21. 2. 2004.