Opinion of the Advocate General — ECLI:EU:C:2019:450
Date: 2019-05-23
Language of the case: German
Subject matter: Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Austria

Request for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 15 December 2017 — Adelheid Krah v Universität Wien (Case C-703/17) Language of the case: German Referring court Oberlandesgericht Wien Parties to the main proceedings Appellant: Adelheid Krah Respondent: Universität Wien Questions referred Question 1: Must EU law, in particular Article 45 TFEU, Article 7(1) of Regulation (EU) No 492/2011 1 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, and Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, be interpreted as precluding a provision under which previous professionally-relevant periods of service of a member of the teaching staff of the University of Vienna can be recognised only up to a total period of three or four years, irrespective of whether these are periods of service with the University of Vienna or with other national or international universities or similar institutions? Question 2: Is a system of pay that does not provide for full recognition of previous professionally-relevant periods of service, but at the same time links a higher rate of pay to the duration of employment with the same employer, at variance with the freedom of movement for workers in accordance with Article 45(2) 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? ____________ 1 OJ 2011 L 141, p. 1.