CELEX: 62016CA0482
Language: en
Date: 2018-03-14 00:00:00
Title: Case C-482/16: Judgment of the Court (First Chamber) of 14 March 2018 (request for a preliminary ruling from the Oberlandesgericht Innsbruck — Austria) — Georg Stollwitzer v ÖBB Personenverkehr AG (Reference for a preliminary ruling — Social policy — Article 45 TFEU — Principle of non-discrimination on grounds of age — Charter of Fundamental Rights of the European Union — Article 21(1) — Directive 2000/78/EC — Articles 2, 6 and 16 — Reference date for the purpose of advancement — Discriminatory legislation of a Member State which does not allow periods of activity completed before reaching the age of 18 to be taken into account for the purpose of determining remuneration — Abolition of provisions that are contrary to the principle of equal treatment)

14.5.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 166/10
            
         Judgment of the Court (First Chamber) of 14 March 2018 (request for a preliminary ruling from the Oberlandesgericht Innsbruck — Austria) — Georg Stollwitzer v ÖBB Personenverkehr AG
   (Case C-482/16) (1)
   
   ((Reference for a preliminary ruling - Social policy - Article 45 TFEU - Principle of non-discrimination on grounds of age - Charter of Fundamental Rights of the European Union - Article 21(1) - Directive 2000/78/EC - Articles 2, 6 and 16 - Reference date for the purpose of advancement - Discriminatory legislation of a Member State which does not allow periods of activity completed before reaching the age of 18 to be taken into account for the purpose of determining remuneration - Abolition of provisions that are contrary to the principle of equal treatment))
   (2018/C 166/12)
   Language of the case: German
   
      Referring court
   
   Oberlandesgericht Innsbruck
   
      Parties to the main proceedings
   
   
      Applicant: Georg Stollwitzer
   
      Defendant: ÖBB Personenverkehr AG
   
      Operative part of the judgment
   
   Article 45 TFEU and Articles 2, 6 and 16 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation are to be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which, in order to end discrimination on grounds of age arising as a result of the application of national law that took into account, for the purpose of the categorisation of the employees of an undertaking within pay scales, only periods of activity completed after the age of 18, retroactively abolishes that age limit in respect of all such workers and allows only experience acquired with other undertakings operating in the same economic sector to be taken into account.
   
      (1)  OJ C 428, 21.11.2016.