25.1.2016
EN
Official Journal of the European Union
C 27/8
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 15 October 2015 — Daniel Bowman v Pensionsversicherungsanstalt
(Case C-539/15)
(2016/C 027/10)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Applicant: Daniel Bowman
Defendant: Pensionsversicherungsanstalt
Questions referred
1.
Is Article 21 of the Charter of Fundamental Rights of the European Union, in conjunction with Article 2(1) and (2) and Article 6 of Council Directive 2000/78/EC (1), and also having regard to Article 28 of the Charter of Fundamental Rights, to be interpreted as meaning that
a)
a provision in a collective agreement which provides for a longer period for incremental advancement for employment at the start of a career, thereby making it more difficult to advance to the next salary step, constitutes an indirect difference in treatment based on age,
b)
and, if such is the case, that such a rule is appropriate and necessary in the light of the limited professional experience at the start of a career?
(1) 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).
Full & Egal Universal Law Academy