# C_2011311EN.01001202.xml

| 22.10.2011 | EN | Official Journal of the European Union | C 311/12 |
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22.10.2011

EN

Official Journal of the European Union

C 311/12

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Judgment of the Court (Second Chamber) of 8 September 2011 (references for a preliminary ruling from the Bundesarbeitsgericht (Germany)) — Sabine Hennigs (C-297/10) v Eisenbahn-Bundesamt, Land Berlin (C-298/10) v Alexander Mai

(Joined Cases C-297/10 and C-298/10) (1)

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(Directive 2000/78/EC - Articles 2(2) and 6(1) - Charter of Fundamental Rights of the European Union - Articles 21 and 28 - Collective agreement on pay for public sector contractual employees of a Member State - Pay determined by reference to age - Collective agreement abolishing the determination of pay by reference to age - Maintenance of established rights)

2011/C 311/17

Language of the case: German

Referring court

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Parties to the main proceedings

Applicants: Sabine Hennigs (C-297/10), Land Berlin (C-298/10)

Applicants:

Defendants: Eisenbahn-Bundesamt (C-297/10), Alexander Mai (C-298/10)

Defendants:

Re:

Re:

References for a preliminary ruling — Bundesarbeitsgericht — Interpretation of Article 21 of the Charter of Fundamental Rights of the European Union (OJ 2010 C 83, p. 389), as implemented by 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) — Remuneration of contractual public sector employees of a Member State — National rules providing for differences in basic pay according to age

Operative part of the judgment

Operative part of the judgment

| 1. | The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, more particularly Articles 2 and 6(1) of that directive, must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union. |
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1.

The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, more particularly Articles 2 and 6(1) of that directive, must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union.

| 2. | Articles 2 and 6(1) of Directive 2000/78 and Article 28 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding a measure in a collective agreement, such as that at issue in the main proceedings in Case C-297/10, which replaces a system of pay leading to discrimination on grounds of age by a system of pay based on objective criteria while maintaining, for a transitional period limited in time, some of the discriminatory effects of the earlier system in order to ensure that employees in post are transferred to the new system without suffering a loss of income. |
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2.

Articles 2 and 6(1) of Directive 2000/78 and Article 28 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding a measure in a collective agreement, such as that at issue in the main proceedings in Case C-297/10, which replaces a system of pay leading to discrimination on grounds of age by a system of pay based on objective criteria while maintaining, for a transitional period limited in time, some of the discriminatory effects of the earlier system in order to ensure that employees in post are transferred to the new system without suffering a loss of income.

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(1)  OJ C 260, 25.9.10.

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