# C_2015016EN.01000801.xml

| 19.1.2015 | EN | Official Journal of the European Union | C 16/8 |
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19.1.2015

EN

Official Journal of the European Union

C 16/8

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Judgment of the Court (Grand Chamber) of 11 November 2014 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Leopold Schmitzer v Bundesministerin für Inneres

(Case C-530/13) (1)

(Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) and (2)(a) - Article 6(1) - Discrimination based on age - National legislation under which inclusion of periods of study and service completed before the age of 18 for the purpose of determining remuneration is subject to an extension of the periods for advancement - Justification - Whether appropriate for the purpose of achieving the objective pursued - Possibility of challenging the extension of the periods for advancement)

(2015/C 016/10)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Applicant: Leopold Schmitzer

Defendant: Bundesministerin für Inneres

Operative part of the judgment

| 1. | Article 2(1) and (2)(a) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation which, with a view to ending age-based discrimination, takes into account periods of training and service prior to the age of 18 but which, at the same time, introduces — only for civil servants who suffered that discrimination — a three-year extension of the period required in order to progress from the first to the second incremental step in each job category and each salary group. |
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1.

Article 2(1) and (2)(a) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation which, with a view to ending age-based discrimination, takes into account periods of training and service prior to the age of 18 but which, at the same time, introduces — only for civil servants who suffered that discrimination — a three-year extension of the period required in order to progress from the first to the second incremental step in each job category and each salary group.

| 2. | Articles 9 and 16 of Directive 2000/78 must be interpreted as meaning that a civil servant who has suffered age-based discrimination — resulting from the method by which the reference date taken into account for the calculation of his advancement was fixed — must be able to rely on Article 2 of that directive in order to challenge the discriminatory effects of the extension of the period for advancement, even though, at his request, that reference date has been revised. |
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2.

Articles 9 and 16 of Directive 2000/78 must be interpreted as meaning that a civil servant who has suffered age-based discrimination — resulting from the method by which the reference date taken into account for the calculation of his advancement was fixed — must be able to rely on Article 2 of that directive in order to challenge the discriminatory effects of the extension of the period for advancement, even though, at his request, that reference date has been revised.

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(1)  OJ C 15, 18.1.2014.

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