Case C-555/07: Reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf (Germany) lodged on 13 December 2007 — Seda Kücükdeveci v Swedex GmbH & Co. KG
Date: 2007-12-13
Institutions: Court of Justice
Subjects: age discrimination, dismissal, employment policy, equal treatment, interpretation of the law, labour law, young worker

C 79/12

EN

Official Journal of the European Union

29.3.2008

likelihood of confusion.
the Court had considered the
whole of the word/figurative sign ‘MICRO FOCUS’, it would
have correctly interpreted Article 8(1)(b) of Regulation
No 40/94.

If

(1) OJ 1994 L 11, p. 1.

2. If Question 1(a)

answered in the
is
Question 1(b) is answered in the negative:

affirmative

and

In legal proceedings between private individuals, must a
national court disapply a statutory provision which is clearly
incompatible with Community law, or
is the legitimate
expectation of persons subject to the law — that national
laws which are in force will be applied — to be taken into
account so that a national law is disapplied only after the
Court of Justice has ruled on the provision at issue or on a
substantially similar provision?

Reference for a preliminary ruling from the Landesarbeits-
lodged on 13 December
gericht Düsseldorf

(Germany)

2007 — Seda Kücükdeveci v Swedex GmbH & Co. KG

(1) OJ L 303, p. 16.

(Case C-555/07)

(2008/C 79/21)

Language of the case: German

Referring court

Action brought on 21 December 2007 — Commission of
the European Communities v Republic of Austria

(Case C-564/07)

(2008/C 79/22)

Landesarbeitsgericht Düsseldorf

Language of the case: German

Parties to the main proceedings

Applicant: Seda Kücükdeveci

Defendant: Swedex GmbH & Co. KG

Questions referred

1.

(a) Is a national provision which provides for the periods of
notice on termination which employers are required to
observe to be increased incrementally with the length of
service, but which disregards periods of the employee's
employment before the age of 25, incompatible with the
Community law prohibition against discrimination on
the ground of age, and specifically with primary Com-
munity law or with Council Directive 2000/78/EC of
27 November 2000 (1)?

(b) Can the fact that employers are required to observe only
a basic period of notice when terminating the employ-
ment of younger employees be justified on the grounds
that employers are recognised as having a commercial
interest in flexibility as regards staffing — an interest
which would be adversely affected by longer periods of
notice — and that younger employees are not recognised
as having the protection available to older employees (in
the form of longer notice periods) with respect to their
employment
example
because, having regard to their age and/or their lesser
social, family and private obligations they are assumed to
have greater professional and personal
flexibility and
mobility?

arrangements,

status or

for

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and H. Krämer, acting as Agents)

Defendant: Republic of Austria

Form of order sought

— declare that the Republic of Austria has infringed its obliga-

tions under Article 49 EC, by

— requiring all patent

lawyers

lawfully established in
another Member State wishing to provide services
temporarily in Austria to first enrol
in the special
Austrian registers,
insofar as registration is conditional
on taking out professional liability insurance,

— making patent lawyers lawfully established in another
Member State wishing to provide services temporarily in
to disciplinary supervision by the
Austria
Austrian authorities, even as
for
regards
conduct other than the serious breach of professional
duties,

sanctions

subject

— making any provision of service by a patent

lawyer
lawfully established in another Member State wishing to
provide services temporarily in Austria conditional on
taking out professional liability insurance,