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Case C-88/08: Judgment of the Court (Third Chamber) of 18 June 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — David Hütter v Technische Universität Graz (Directive 2000/78/EC — Equal treatment in employment and occupation — Age discrimination — Determining the pay of contractual employees of the State — Exclusion of professional experience acquired before the age of 18)
ECLI:EU:UNKNOWN:62008CA0088
62008CA0088
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Official Journal of the European Union
C 180/15
(Case C-88/08)
(Directive 2000/78/EC - Equal treatment in employment and occupation - Age discrimination - Determining the pay of contractual employees of the State - Exclusion of professional experience acquired before the age of 18)
2009/C 180/24
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: David Hütter
Defendant: Technische Universität Graz
Re:
Reference for a preliminary ruling — Oberster Gerichtshof (Austria) — Interpretation of Articles 1, 2 and 6 of 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) — Prohibition of all discrimination on grounds of age — National legislation which excludes periods of employment completed before the age of 18 from being taken into account for the purpose of determining the remuneration of contractual public servants
Operative part of the judgment
Articles 1, 2 and 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation which, in order not to treat general education less favourably than vocational education and to promote the integration of young apprentices into the labour market, excludes periods of employment completed before the age of 18 from being taken into account for the purpose of determining the incremental step at which contractual public servants of a Member State are graded.
(<span class="super">1</span>) OJ C 128, 24.5.2008.