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Case C-614/11: Judgment of the Court (Fifth Chamber) of 12 September 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Niederösterreichische Landes-Landwirtschaftskammer v Anneliese Kuso (Social policy — Equal treatment for men and women — Directive 76/207/EEC — Fixed-term employment contract concluded prior to the accession of the Member State — Expiry of the fixed term after the accession — Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement age is reached — Retirement age for men different from the age set for women)
ECLI:EU:UNKNOWN:62011CA0614
62011CA0614
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9.11.2013
Official Journal of the European Union
C 325/4
(Case C-614/11) (<span class="super">1</span>)
(Social policy - Equal treatment for men and women - Directive 76/207/EEC - Fixed-term employment contract concluded prior to the accession of the Member State - Expiry of the fixed term after the accession - Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement age is reached - Retirement age for men different from the age set for women)
2013/C 325/06
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Niederösterreichische Landes-Landwirtschaftskammer
Defendant: Anneliese Kuso
Re:
Request for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 3(1)(a) and (c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 4), as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 (OJ 2002 L 269, p. 15) — Fixed term employment contracts concluded between an institution of a Member State and its employees, before the accession of that State to the European Union, under which the expiry of the contracts is fixed as the last day of the year in which a male employee has attained the age of 65 and a female employee the age of 60
Operative part of the judgment
Article 3(1)(c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002, must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, consisting of a body of employment rules which form an integral part of an employment contract concluded before the Member State concerned acceded to the European Union and under which the employment relationship is to come to an end upon attainment of the fixed retirement age, which differs depending on whether the employee is a man or a woman, constitutes discrimination prohibited by that directive where the employee concerned reaches that age after the accession.
(<span class="note">1</span>) OJ C 80, 17.3.2012.