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12.6.2004 |
EN |
Official Journal of the European Union |
C 156/6 |
Reference for a preliminary ruling by the Bundesverwaltungsgericht (Germany), by order of that court of 28 January 2004 in the case of Prof. Dr. Franz Marhold v Land Baden-Württemberg
(Case C-178/04)
(2004/C 156/11)
Reference has been made to the Court of Justice of the European Communities by order of the Bundesverwaltungsgericht (Federal Administrative Court) (Germany), received at the Court Registry on 15 April 2004, for a preliminary ruling in the case of Prof Dr Franz Marhold against Land Baden-Württemberg on the following question:
In the case of an EU national who, as a professor at a German university, had civil servant status in a German Land and on that account was in receipt of a special allowance under the Gesetz über die Gewährung einer jährlichen Sonderzuwendung (Law on the grant of an annual special allowance, ‘SZuwG’) but before 31 March of the following year accepted an appointment with a university in another Member State and entered into a public law employment relationship with that other Member State, is Paragraph 3(5)(1) of the SZuwG, under which a person leaving before 31 March may retain the allowance only if the new employment relationship is an employment relationship under German law, inapplicable?