12.9.2009

Official Journal of the European Union

C 220/28

(Case C-268/09)

(2009/C 220/53)

Language of the case: Bulgarian

Referring court

Plovdivski rayonen sad

Parties to the main proceedings

Applicant: Vasil Ivanov Georgiev

Defendant: Tehnicheski universitet — Sofia, Filial Plovdiv

Questions referred

1.Do the provisions of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation preclude the application of a national Law which does not permit the conclusion of employment contracts of indefinite duration with professors who have reached the age of 65? In this context and, more precisely, taking Article 6(1) of the directive into consideration, are the measures in Article 7(1)(6) of the Law on Protection against Discrimination, which introduce age-limits for employment in specific posts, objectively and reasonably justified by a legitimate aim and proportionate, bearing in mind that the directive has been fully transposed into Bulgarian law?

2.Do the provisions of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation preclude the application of a national Law under which professors who have reached the age of 68 are compulsorily retired? In view of the foregoing facts and circumstances of the present case and if it is found that a conflict exists between the provisions of the directive and the relevant national legislation which transposed the directive, is it possible that the interpretation of the provisions of Community law results in the national legislation not being applied?

3.Does national law establish the reaching of the specified age as the sole condition for the termination of the employment relationship of indefinite duration and for the possibility that the relationship can be continued as a fixed-term employment relationship between the same worker and employer for the same post? Does national law establish a maximum duration and a maximum number of extensions of the fixed-term employment relationship with the same employer after the contract of indefinite duration has been converted into a fixed-term contract, beyond which a continuation of the employment relationship between the parties is not possible?