Gerhard Köbler v. Republik Österreich

Case C-224/01, 2003 E.C.R. I-10239 (2003)

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Gerhard Köbler v. Republik Österreich

European Union Court of Justice
Case C-224/01, 2003 E.C.R. I-10239 (2003)

Facts

Gerhard Köbler (Plaintiff) was employed by Austria as a university professor for 10 years. Prior to this employment, Köbler had been employed by universities in other European Union (EU) member states. Köbler applied for a salary increase that would be earned by a university professor who had worked as a university professor in Austria for 15 years. Köbler argued that his service as a university professor in other EU member states should be considered for Köbler’s application for a salary increase based on the free movement of workers guaranteed under EU law. Austria’s highest court in matters of administrative law (the Austrian administrative court) ruled against Köbler. Köbler then filed an action for damages against Austria (defendant) in another Austrian court, the Landesgericht für Zivilrechtssachen Wien (the Landesgericht). Köbler claimed that the decision of the Austrian administrative court violated EU law. The Landesgericht requested a preliminary ruling from the European Union Court of Justice on whether member states could be held liable for a violation of EU law committed by the highest court in the member state.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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