JUDGMENT OF THE COURT

(First Chamber)

of 13 January 2005

in Case C-356/03 (reference for a preliminary ruling from the Bundesgerichtshof): Elisabeth Mayer v Versorgungsanstalt des Bundes und der Länder (1)

(Equal treatment for men and women - Maternity leave - Acquisition of pension rights)

(2005/C 57/20)

Language of the case: German

In Case C-356/03: reference to the Court under Article 234 EC from the Bundesgerichtshof (Germany), made by decision of 9 July 2003, received at the Court on 18 August 2003, in the proceedings between Elisabeth Mayer and Versorgungsanstalt des Bundes und der Länder – the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues (Rapporteur), K. Schiemann and E. Juhász, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 13 January 2005, in which it has ruled:

Article 6(1)(g) of Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Council Directive 96/97/EC of 20 December 1996, must be interpreted as meaning that it precludes national rules under which a worker acquires no rights to an insurance annuity which is part of a supplementary occupational pension scheme during statutory maternity leave paid in part by her employer because the acquisition of those rights is conditional upon the worker's receiving taxable pay during the maternity leave.

(1)  OJ C 264 of 01.11.2003.