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Case C-514/12: Judgment of the Court (Second Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs GmbH v Land Salzburg (Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg — Restriction of freedom of movement for workers — Justifications — Overriding reasons in the public interest — Objective of rewarding loyalty — Administrative simplification — Transparency)
ECLI:EU:UNKNOWN:62012CA0514
62012CA0514
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15.2.2014
Official Journal of the European Union
C 45/15
(Case C-514/12) (<span class="super">1</span>)
(Freedom of movement for workers - Article 45 TFEU - Regulation (EU) No 492/2011 - Article 7(1) - National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg - Restriction of freedom of movement for workers - Justifications - Overriding reasons in the public interest - Objective of rewarding loyalty - Administrative simplification - Transparency)
2014/C 45/26
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs GmbH
Defendant: Land Salzburg
Re:
Request for a preliminary ruling — Landesgericht Salzburg — Interpretation of Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1) — Remuneration of contractual civil servants of a Member State — National legislation providing for account to be taken of all periods of service completed with a specific public employer, but for account to be taken of only a proportion of the periods of service completed after a certain age with other public or private employers.
Operative part of the judgment
Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding national legislation under which, in determining the reference date for the purposes of the advancement of an employee of a local or regional authority to the next pay step in his grade, account is to be taken of all uninterrupted periods of service completed with that authority, but of only a proportion of any other periods of service.
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Language of the case: German.
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