Article 21 - Non-discrimination
Key facts of the case:
References for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2 and 6 – Prohibition of all discrimination on grounds of age – Remuneration of civil servants – Discriminatory system of remuneration – Retrospective payment calculated on the basis of a prior discriminatory classification – New form of discrimination – Article 9 – Compensation as a result of discriminatory legislation – Time limit for making an application for compensation – Principles of equivalence and effectiveness.
Outcome of the case:
On those grounds, the Court (Seventh Chamber) hereby rules:
1) These requests for a preliminary ruling concern the interpretation of Articles 2, 6, 9 and 17 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) and of Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
14) In its judgment of 8 September 2011, Hennigs and Mai (C‑297/10 and C‑298/10, EU:C:2011:560), the Court held that the principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter and given specific expression in Directive 2000/78, more particularly Article 2 and Article 6(1) of that directive, precludes the basic pay step of a public sector contractual employee from being determined on appointment by reference to the employee’s age.