CELEX: 62016CN0190
Language: en
Date: 2016-04-05 00:00:00
Title: Case C-190/16: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 5 April 2016 — Werner Fries v Lufthansa CityLine GmbH

20.6.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 222/5
            
         Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 5 April 2016 — Werner Fries v Lufthansa CityLine GmbH
   (Case C-190/16)
   (2016/C 222/06)
   Language of the case: German
   
      Referring court
   
   Bundesarbeitsgericht
   
      Parties to the main proceedings
   
   
      Applicant: Werner Fries
   
      Defendant: Lufthansa CityLine GmbH
   
      Questions referred
   
   
               1.
            
            
               Is FCL.065(b) in Annex I to Regulation (EU) No 1178/2011 (1) compatible with the prohibition of discrimination on grounds of age under Article 21(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’)?
            
         
               2.
            
            
               Is FCL.065(b) in Annex I to Regulation (EU) No 1178/2011 compatible with Article 15(1) of the Charter, according to which everyone has the right to engage in work and to pursue a freely chosen or accepted occupation?
            
         
               3.
            
            
               If the first and second questions are answered in the affirmative:
               
                           (a)
                        
                        
                           Are so-called ferry flights operated by an air carrier transporting no passengers and no cargo or mail also covered by the term ‘commercial air transport’ within the meaning of FCL.065(b) or the definition of that term in FCL.010 in Annex I to Regulation (EU) No 1178/2011?
                        
                     
                           (b)
                        
                        
                           Are training and the conducting of exams in which a pilot over the age of 65 remains in the cockpit of the aircraft as a non-flying crew member covered by the term ‘commercial air transport’ within the meaning of FCL.065(b) or the definition of that term in FCL.010 in Annex I to Regulation (EU) No 1178/2011?
                        
                     
         
      (1)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ 2011 L 311, p. 1).