18.4.2009

Official Journal of the European Union

C 90/7

(Case C-542/08)

2009/C 90/10

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Friedrich G. Barth

Defendant: Bundesministerium für Wissenschaft und Forschung

Questions referred

1.Does the application of a limitation rule providing for a time-limit of three years in which to bring proceedings in cases such as those which are the subject of the main proceedings in which on grounds of a domestic law situation incompatible with Community law, prior to the judgment of the Court of Justice of the European Communities in Köbler (Case C-224/01), migrant workers were refused special length-of-service increments constitute for the purposes of Article 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 (1) indirect discrimination against migrant workers or a restriction on the right to freedom of movement for workers guaranteed by those provisions?

2.If the first question is answered in the affirmative: Do Article 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 — in cases such as those which are the subject of the main proceedings — preclude the application of such a limitation rule on special length-of-service increments refused to migrant workers prior to the judgment of the Court of Justice of the European Communities in Köbler (Case C-224/01) on grounds of a domestic law situation which was incompatible with Community law?

3.In circumstances such as those at issue in the main proceedings, in relation to claims seeking to enforce an entitlement to length-of-service increment previously denied — contrary to Community law — on the basis of unambiguously worded national legislation, does the principle of effectiveness preclude the application of limitation rules providing for a time-limit of three years in which to bring proceedings?

OJ English Special Edition 1968 (II), p. 475