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Case C-298/10: Reference for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 16 June 2010 — Land Berlin v Alexander Mai
ECLI:EU:UNKNOWN:62010CN0298
62010CN0298
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Valentina R., lawyer
25.9.2010
Official Journal of the European Union
C 260/4
(Case C-298/10)
()
2010/C 260/04
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Land Berlin
Defendant: Alexander Mai
Question referred
Taking into account the right of parties to a collective agreement to collective bargaining which is guaranteed by primary law (now Article 28 of the Charter of Fundamental Rights of the European Union, ‘CFREU’), does a collective pay agreement for public sector employees, which, as in Paragraph 27 of the Bundes-angestelltentarifvertrag (Federal collective agreement for contractual public sector employees, ‘BAT’) in conjunction with the Vergütungstarifvertrag (collective pay agreement) No 35 under the BAT, determines basic pay in individual salary groups by age categories, infringe the primary-law prohibition of age discrimination (now Article 21(1) of the CFREU) as given expression by Directive 2000/78/EC? (<span class="super">1</span>)
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.
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Language of the case: German