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CJEU Case C-482/16 / Opinion

Georg Stollwitzer v ÖBB Personenverkehr AG

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Social policy — Directive 2000/78 — Equal treatment in employment and occupation — Discrimination on grounds of age — Exclusion of practical experience acquired before the age of 18 — Reform of the system of remuneration for contractual employees of the Austrian Federal railways — Transitional arrangements — Perpetuation of the difference in treatment.

Outcome of the case:

On the basis of all of the foregoing considerations, I suggest that the Court declare the second question referred inadmissible and answer the first question to the effect that Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, for the purpose of abolishing the discrimination on grounds of age identified by the Court in two successive judgments, provides for contractual employees in the public service to be regraded under a new remuneration scheme that is based on non-discriminatory criteria for the accreditation of previous periods of activity, but which, in applying a rule designed to protect the acquired rights of the regraded employees by freezing the pay they received at a certain date prior to the entry into force of the legislation, makes that rate of pay contingent on the application of the discriminatory accreditation criteria that existed under the previous accreditation system.