16.12.2019   

EN

Official Journal of the European Union

C 423/4


Judgment of the Court (Second Chamber) of 10 October 2019 (request for a preliminary ruling from the Oberlandesgericht Wien - Austria) – Adelheid Krah v Universität Wien

(Case C-703/17) (1)

(Reference for a preliminary ruling - Free movement of persons - Article 45 TFEU - Workers - Regulation (EU) No 492/2011 - Article 7(1) - Postdoctoral senior lecturers - Limitation on the recognition of previous professionally-relevant periods of service completed in another Member State - System of pay linking a higher rate of pay to the duration of employment with the current employer)

(2019/C 423/04)

Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Applicant: Adelheid Krah

Defendant: Universität Wien

Operative part of the judgment

Article 45(1) TFEU must be interpreted as precluding rules of a university of a Member State, such as those at issue in the main proceedings, which, for the purposes of a worker’s salary grading as postdoctoral senior lecturer with that university, take into account only a maximum of four years of previous periods of service completed by that worker in another Member State, if that service was equivalent or indeed identical to that required of the worker in the performance of those duties of postdoctoral senior lecturer.

Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as not precluding such rules if the service previously completed in another Member State was not equivalent, but merely beneficial to the performance of those duties of postdoctoral senior lecturer.


(1)  OJ C 13, 9.4.2018.