25.1.2016   

EN

Official Journal of the European Union

C 27/8

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 October 2015 — Daniel Bowman v Pensionsversicherungsanstalt

(Case C-539/15)

(2016/C 027/10)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: Daniel Bowman

Defendant: Pensionsversicherungsanstalt

Questions referred

1.

Is Article 21 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 2(1) and (2) and Article 6 of Council Directive 2000/78/EC (1), and also having regard to Article 28 of the Charter of Fundamental Rights, to be interpreted as meaning that

a)

a provision in a collective agreement which provides for a longer period for incremental advancement for employment at the start of a career, thereby making it more difficult to advance to the next salary step, constitutes an indirect difference in treatment based on age,

b)

and, if such is the case, that such a rule is appropriate and necessary in the light of the limited professional experience at the start of a career?

(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).