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Case C-502/12: Reference for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 8 November 2012 — Jens Schombera v Land Berlin
ECLI:EU:UNKNOWN:62012CN0502
62012CN0502
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26.1.2013
Official Journal of the European Union
C 26/28
(Case C-502/12)
2013/C 26/54
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Jens Schombera
Defendant: Land Berlin
Questions referred
1.Is European primary and/or secondary law, here in particular Directive 2000/78/EC, to be interpreted as a comprehensive prohibition of unjustified age discrimination, such that it also covers national rules on the remuneration of Land civil servants?
2.If Question 1 is answered in the affirmative: does the interpretation of this European primary and/or secondary law mean that a national provision under which the level of the basic pay of a civil servant on establishment of the status of civil servant is substantially dependent on his age and also, in particular, rises according to the duration of civil servant status constitutes direct or indirect age discrimination?
3.If Question 2 is also answered in the affirmative: does the interpretation of this European primary and/or secondary law preclude the justification of such a national provision by the legislative aim of making payment for professional experience?
4.If Question 3 is also answered in the affirmative: does the interpretation of European primary and/or secondary law, where a non-discriminatory right to remuneration has not been implemented, permit a legal consequence other than retrospective remuneration of those discriminated against at the highest pay step in their pay grade? Does the legal consequence of infringement of the prohibition of discrimination in that case follow from European primary and/or secondary law itself, here in particular Directive 2000/78/EC, or does the claim follow only from the point of view of failure to implement the rules of European law in accordance with the claim to State liability under European Union law?
5.Does the interpretation of European primary and/or secondary law preclude a national measure which makes the claim to (retrospective) payment or compensation dependent on the civil servants’ having enforced that claim in good time?
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).