12.6.2023
EN
Official Journal of the European Union
C 205/9
3.
Articles 1, 2 and 6 of Directive 2000/78, read in conjunction with Article 21 of the Charter of Fundamental Rights,
must be interpreted as not precluding national legislation which provides that periods of apprenticeship undertaken with a national local authority are to be taken into account in their entirety, for the purposes of determining the comparison reference date, only where the civil servant concerned was recruited by the State after a certain date, whereas half of periods of apprenticeship are to be taken into account, in being subject to a flat-rate deduction, where the civil servant concerned was recruited by the State before that date.
(1)
OJ C 73, 14.2.2022.
Judgment of the Court (Fifth Chamber) of 20 April 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — ‘Brink’s Lithuania’ UAB v Lietuvos bankas (Case C-772/21, (1) Brink’s Lithuania) (Reference for a preliminary ruling — Protection of the euro against counterfeiting — Regulation (EC) No 1338/2001 — Article 6(1) — Payment service providers engaged in the processing of banknotes and their distribution to the public — Decision ECB/2010/14 — Article 6(2) — Detection of unfit euro banknotes — Automated fitness checking of banknotes — Minimum standards published on the website of the European Central Bank (ECB) and amended from time to time — Personal scope — Extent of cash handlers’ obligations — Binding force — Principle of legal certainty) (2023/C 205/10) Language of the case: Lithuanian Referring court Lietuvos vyriausiasis administracinis teismas
Parties to the main proceedings Appellant: ‘Brink’s Lithuania’ UAB
Other party to the appeal proceedings: Lietuvos bankas
Operative part of the judgment 1.
Article 6(2) of Decision ECB/2010/14 of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes, as amended by Decision ECB/2012/19 of the European Central Bank of 7 September 2012,
must be interpreted as meaning that the minimum standards referred to in that provision do not apply to cash handlers when they carry out automated fitness checks in respect of euro banknotes.
However, Article 3(1) and Article 10(1) of Decision ECB/2010/14, as amended, read in conjunction with Article 6(1) of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, as amended by Council Regulation (EC) No 44/2009 of 18 December 2008,