Case C-132/11: Judgment of the Court (Second Chamber) of 7 June 2012 (reference for a preliminary ruling from the Oberlandesgericht Innsbruck — Austria) — Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Directive 2000/78/EC — Equal treatment in employment and occupation — Difference of treatment on grounds of age — Charter of Fundamental Rights of the European Union — General principles of European Union law — Collective agreement — Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies — Contract clause)
Date: 2012-06-07
Institutions: Court of Justice
Subjects: age discrimination, air transport, collective agreement, contract terms, crew, equal treatment, general legal principle, group of companies, job access, professional experience, remuneration of work








C_2012217EN.01000501.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/5





Judgment of the Court (Second Chamber) of 7 June 2012 (reference for a preliminary ruling from the Oberlandesgericht Innsbruck — Austria) — Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH
(Case C-132/11) (1)

(Directive 2000/78/EC - Equal treatment in employment and occupation - Difference of treatment on grounds of age - Charter of Fundamental Rights of the European Union - General principles of European Union law - Collective agreement - Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies - Contract clause)
2012/C 217/08
Language of the case: German

Referring court

Oberlandesgericht Innsbruck

Parties to the main proceedings


Applicant: Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH

Defendant: Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH

Re:

Reference for a preliminary ruling — Oberlandesgericht Innsbruck — Interpretation of Article 21 of the Charter of Fundamental Rights of the European Union, Article 6(1) and (3) TEU and Articles 1, 2 and 6 of 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) — Different treatment based on age — Collective agreement providing that, for the purposes of grading air stewards and stewardesses within a pay scale, the professional experience to be taken into account excludes professional experience acquired with another airline belonging to the same group — Whether a clause in an employment contract is not applicable owing to the horizontal direct effect of fundamental rights

Operative part of the judgment

Article 2(2)(b) 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 not precluding a provision of a collective agreement which takes into account, for the purposes of grading in the employment categories provided for in that agreement and, therefore, determination of the level of pay, only the professional experience acquired as a cabin crew member of a specific airline, while excluding substantively identical experience acquired in the service of another airline belonging to the same group of companies.


(1)  OJ C 186, 25.6.2011.