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Document 62019CN0511
Case C-511/19: Request for a preliminary ruling from the Areios Pagos (Greece) lodged on 4 July 2019 — AB v Olympiako Athlitiko Kentro Athinon — Spyros Louis
Case C-511/19: Request for a preliminary ruling from the Areios Pagos (Greece) lodged on 4 July 2019 — AB v Olympiako Athlitiko Kentro Athinon — Spyros Louis
Case C-511/19: Request for a preliminary ruling from the Areios Pagos (Greece) lodged on 4 July 2019 — AB v Olympiako Athlitiko Kentro Athinon — Spyros Louis
OJ C 319, 23.9.2019, p. 26–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.9.2019 |
EN |
Official Journal of the European Union |
C 319/26 |
Request for a preliminary ruling from the Areios Pagos (Greece) lodged on 4 July 2019 — AB v Olympiako Athlitiko Kentro Athinon — Spyros Louis
(Case C-511/19)
(2019/C 319/28)
Language of the case: Greek
Referring court
Areios Pagos
Parties to the main proceedings
Applicant: AB
Defendant: Olympiako Athlitiko Kentro Athinon — Spyros Louis
Questions referred
(A) |
Does the adoption by the Member State of legislation applicable to government, local authorities and public-law legal entities and to all bodies (private-law legal entities) in the broader public sector in general in their capacity as employer, such as that adopted under Article 34(1)(c), (3)(a) and (4) of Law 4024/2011 placing staff under a private-law contract of employment with the above bodies on reserve for a period not exceeding twenty-four (24) months between 1 January 2012 and 31 December 2013 based solely on the criterion of the closest entitlement to retire on a full old-age pension corresponding to thirty-five (35) years’ insurance, constitute indirect age discrimination within the meaning of Article 2(1) and (2)(b) and Article 3(1)(c) of Directive 2000/78/EC, (1) especially given the fact that, under the insurance legislation in force at the time and disregarding cases that are of no relevance here, staff under a contract of employment needed to be insured with the Social Insurance Institute (IKA) or some other major insurance fund for (at least) 10 500 working days (35 years) and to be (at least) 58 years of age in order to substantiate their right to retire on a full-old age pension, without of course precluding the possibility of the above period of insurance (35 years) being completed at a different age depending on the individual case? |
(B) |
If the answer to Question (Α) is in the affirmative, can the adoption of a labour reserve system be objectively and logically justified, within the meaning of Article 2(2)(b)(i) and Article 6(1)(a) of the Directive, by the immediate need to ensure organisational, operational and fiscal results and, more specifically, by the immediate need to cut public spending in order to achieve certain quantitative targets by the end of 2011, as referred to in the explanatory memorandum to the law and provided for in particular under the Medium-Term Fiscal Strategy Framework, and thus honour Greece’s undertaking to its partner-lenders to address the very acute and prolonged fiscal and economic crisis gripping the country and, at the same time, to restructure and reduce the swollen public sector? |
(C) |
If the answer to Question (Β) is in the affirmative:
|
(1) 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).