Official Journal of the European Union

C 141/25

(Case C-109/09)

2009/C 141/44

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Deutsche Lufthansa AG

Defendant: Gertraud Kumpan

Questions referred

1.Are Article 1, Article 2(1) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation and/or the general principles of Community law to be interpreted as precluding a provision of national law, which entered into force on 1 January 2001, under which fixed term employment contracts may be agreed without further conditions with workers simply because the latter have reached the age of 58?

2.Is Clause 5(1) of the ETUC-UNICE-CEEP Framework Agreement, which was implemented by Council Directive 1999/70/EC of 28 June 1999, to be interpreted to the effect that it precludes a provision of national law which, without further conditions, allows the conclusion over an indefinite period of an unlimited number of successive fixed term employment contracts without objective grounds, simply because the worker has reached the age of 58 by the time the fixed term employment relationship begins and there is no close objective connection with a previous employment relationship of indefinite duration with the same employer?

3.If Questions 1 and/or 2 are answered in the affirmative: Must the national courts disapply the provision of national law?

(1) OJ 2000 L 303, p. 16.

(2) OJ 1999 L 175, p. 43.