24.10.2009

Official Journal of the European Union

C 256/15

(Case C-333/09)

2009/C 256/28

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Sophie Noël

Defendants: SCP Brouard Daude as liquidator in the judicial liquidation of Pronuptia Boutiques Province SA, and Centre de Gestion et d’Étude AGS (C.G.E.A.) IDF Est

Questions referred

1.Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitled ‘Prohibition of discrimination’, provides: ‘The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.’

Is there discrimination in that there is different treatment of employees dismissed for economic reasons who have accepted a personal redeployment agreement, whose right to contest the breach of their contract remains subject to the five-year limitation period, and those who have refused it, who are subject to the one-year limitation period referred to in Article L.1235-7 of the Code du travail (Labour Code)?

2.Article 26 of the International Covenant on Civil and Political Rights of 16 December 1966 — which is merely the basis of Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms — provides: ‘All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’

Must a French court thus, pursuant to Article 55 of the French Constitution of 4 October 1958, apply the provisions of Article 26 of the International Covenant on Civil and Political Rights of 16 December 1966 and disregard the discriminatory provisions of Article L.1235-7 of the Code du travail which derive from an ordinary law, No 2005-35 of 18 January 2005, subsequent to 4 February 1981, the date on which the International Covenant entered into force in national territory?