18.1.2014 |
EN |
Official Journal of the European Union |
C 15/3 |
Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 8 October 2013 — Leopold Schmitzer v Bundesministerin für Inneres
(Case C-530/13)
2014/C 15/04
Language of the case: German
Referring court
Verwaltungsgerichtshof
Parties to the main proceedings
Appellant: Leopold Schmitzer
Respondent authority: Bundesministerin für Inneres
Questions referred
1. |
Does it constitute — for the moment notwithstanding Article 52(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 6 of Council Directive 2000/78/EC (1) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘the directive’) — (direct) unequal treatment on grounds of age for the purposes of Article 21 of the Charter and Article 2(1) and (2)(a) of the directive if, upon the introduction of a non-discriminatory system of salary advancement for new civil servants, an old civil servant who suffered discrimination under the former legal situation (as a result of the ineligibility, for advancement purposes, of periods completed before the age of 18) may make a request to opt in to the new system and thereby obtain an advancement reference date calculated on a non-discriminatory basis, but the effect of granting such a request under national law is that, because of the slower advancement provided for in the new system, his remuneration status (and thus ultimately the salary payable to him) does not improve, despite the improvement of the advancement reference date, to such an extent that he acquires the same remuneration status as an old civil servant afforded favourable treatment in a discriminatory manner under the former legal situation (who is not required to demonstrate comparable periods before, but after the age of 18, which were already credited to him under the former legal situation) who does not feel compelled to opt in to the new system? |
2. |
If so, may a civil servant — in the absence of a justification in accordance with Article 52(1) of the Charter and Article 6 of the directive (see in particular Question 3 below) — rely on the direct applicability of Article 21 of the Charter and Article 2 of the directive in proceedings to determine remuneration status even if he has previously obtained an improvement of the advancement reference date in the new system by making a request to that effect? |
3. |
If Question 1 is answered in the affirmative, is a distinction, which continues to be maintained upon the introduction of a non-discriminatory system for new civil servants, in respect of the remuneration status of old civil servants who are afforded favourable treatment and who do not opt in, on the one hand, and old civil servants who still suffer discrimination despite opting in, on the other, justified in accordance with Article 52(1) of the Charter and Article 6 of the directive, as a transitional phenomenon, on grounds of procedural economy, or protection of established advantages or legitimate expectations even where
If Questions 1 or 2 are answered in the negative or Question 3 is answered in the affirmative: |
4. |
If Question 3 is answered in the affirmative: |
5. |
|
6. |
If Question 4(a) is answered in the affirmative and Question 4(b) is answered in the negative and, at the same time, Question 3 is answered in the affirmative or Question 5(a) is answered in the affirmative and Question 5(b) in the negative: Do the discriminatory characteristics of the new rules which then exist mean that the unequal treatment of old civil servants is no longer justified as a transitional phenomenon? |
(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).