Reference for a preliminary ruling from the Landesgericht Innsbruck by order of that court of 22 June 2005 in Zentralbetriebsrat der Landeskrankenhäuser Tirols v Land Tirol

(Case C-339/05)

(2005/C 281/17)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Landesgericht Innsbruck (Austria) of 22 June 2005, received at the Court Registry on 19 September 2005, for a preliminary ruling in the proceedings between Zentralbetriebsrat der Landeskrankenhäuser Tirols and Land Tirol on the following question:

Must a Member State or one of a Member State's regional or local authorities take account, when calculating the remuneration of contractual public servants, of periods of employment in certain institutions in Switzerland, which are comparable to institutions listed in Paragraph 41(2) of the Tiroler Landesvertragsbedienstetengesetz (Law of the Province of Tyrol on Contractual Public Servants) (or, in the alternative, of Paragraph 26(2) of the Vertragsbedienstetengesetz 1948 (Federal Law on Contractual Public Servants of 1948)) without temporal limitation, or is the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (OJ 2002 L 114), in particular Article 9(1) of Annex I thereto, rather to be interpreted as meaning that it is permissible to take account only of periods of employment by contractual public servants in Switzerland after the entry into force of that agreement on 1 June 2002?