Case C-356/24, Kärntner Landesregierung: Request for a preliminary ruling from the Landesverwaltungsgericht Kärnten (Austria) lodged on 16 May 2024 – A.B.
Date: 2024-05-16
Institutions: Court of Justice
Subjects: Austria, equal treatment, free movement of workers, pay scale, private sector, promotion, seniority








C_202405075EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5075


26.8.2024






Request for a preliminary ruling from the Landesverwaltungsgericht Kärnten (Austria) lodged on 16 May 2024 – A.B.


(Case C-356/24, Kärntner Landesregierung)

(C/2024/5075)
Language of the case: German

Referring court

Landesverwaltungsgericht Kärnten

Parties to the main proceedings


Appellant: A.B.

Respondent authority: Kärntner Landesregierung

Questions referred







1.


Is EU law, in particular Article 45 TFEU and Article 7(1) of Regulation No 492/2011, (1) to be interpreted as precluding national legislation under which previous periods of relevant service completed in other EU Member States are no longer taken into account when setting the advancement reference date where a civil servant’s existing remuneration status has been attained by a discretionary act (promotion) on the part of the employer rather than by periodic advancement, and such national legislation provides that the advancement reference date is recalculated only where the existing remuneration status is determined on the basis of the advancement reference date?










2.


Is EU law, in particular Articles 1, 2 and 6 of Directive 2000/78 (2) in conjunction with Article 21 of the Charter, to be interpreted as precluding national legislation under which previous periods of relevant service completed in other EU Member States are no longer taken into account when setting the advancement reference date where a civil servant’s existing remuneration status has been attained by a discretionary act (promotion) on the part of the employer rather than by periodic advancement and such national legislation provides that the advancement reference date is recalculated only where the existing remuneration status is determined on the basis of the advancement reference date, but under the employer’s corresponding guidelines such promotion is usually only available after 19 and 25 years of service (calculated from the advancement reference date), and therefore concerns older civil servants?










3.


Do the principles of freedom of movement for workers laid down in Article 45 TFEU and Article 20 of the Charter preclude national legislation according to which periods of equivalent professional activity are taken into account in their entirety when setting the advancement reference date where that professional activity was carried out outside Austria (in the territory of a Contracting Party to the EEA or of an EU Member State, in a State the nationals of which enjoy the same rights of access to a profession as Austrian nationals, or at an institution of the European Union or another intergovernmental organisation to which Austria belongs), whereas equivalent professional activities in the private sector that were carried out in Austria are not taken into account?






(1)  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 (OJ 2011 L 141, p. 1).

(2)  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).


ELI: http://data.europa.eu/eli/C/2024/5075/oj
ISSN 1977-091X (electronic edition)