Official Journal of the European Union

C series

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C/2025/885

17.2.2025

(Case C-757/24, Gemeinde Wien)

(C/2025/885)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: SG

Defendant: Gemeinde Wien

Question referred

Is European Union law, in particular Articles 1, 2 and 6 of Directive 2000/78 in conjunction with Article 21 of Charter of Fundamental Rights of the European Union (‘the Charter’), to be interpreted as precluding a national provision (in particular Paragraph 49v(3) no. 3 of the Besoldungsordnung 1994 (1994 Regulations on the remuneration of public servants of the federal capital of Vienna, ‘1994 Remuneration Regulations’) in the version of the Landesgesetzblatt (Provincial Law Gazette, ‘LGBl.’) 38/2023) which, for the purpose of eliminating existing discrimination on grounds of age (see, in particular concerning the identical predecessor provision of the Federation, Leitner, C-396/17), establishes a rule recognising periods prior to recruitment before the age of 18 but only had a half effect on improving such periods prior to recruitment and compensating for age discrimination, although a complete neutralisation of such prior periods was eliminated again by means of a flat-rate deduction?

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).

See, as regards the previous identical provision at the federal level, Case C-396/17, Leitner.

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ELI: http://data.europa.eu/eli/C/2025/885/oj

ISSN 1977-091X (electronic edition)

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