Bowman (Judgment) French Text [2016] EUECJ C-539/15 (21 December 2016)

Bowman (Judgment) French Text [2016] EUECJ C-539/15 (21 December 2016)

A collective agreement provision that extends the advancement period from the first to the second pay grade for employees benefiting from recognition of school periods does not constitute indirect age discrimination under Directive 2000/78/EC, as the rule applies equally to all employees regardless of age, including...

Source-derived case information.

Citation
[2016] EUECJ C-539/15
Parties
Applicant: Daniel Bowman; Respondent: Pensionsversicherungsanstalt
Jurisdiction
European Union
Judgment Date
21 December 2016
Procedural Posture
Preliminary Reference / Judgment on Reference From Oberster Gerichtshof (austria)
Outcome
Reference answered; no indirect age discrimination found.
Legal Topics
Age Discrimination, Collective Agreements, Equal Treatment in Employment, Indirect Discrimination, Interpretation of Directive 2000/78/ec
EU Law Employment Law Anti Discrimination Law Age Discrimination Collective Agreements Equal Treatment in Employment Indirect Discrimination Interpretation of Directive 2000/78/ec

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Parties

Daniel Bowman

Applicant

Pensionsversicherungsanstalt

Respondent

Procedural Posture

Preliminary Reference / Judgment on Reference From Oberster Gerichtshof (austria)

Legal Issues

  1. 1 Does a collective agreement provision extending the advancement period from the first to the second pay grade constitute indirect age discrimination under Directive 2000/78/EC and the Charter of Fundamental Rights of the EU?

Ratio Decidendi

A collective agreement provision that extends the advancement period from the first to the second pay grade for employees benefiting from recognition of school periods does not constitute indirect age discrimination under Directive 2000/78/EC, as the rule applies equally to all employees regardless of age, including retroactively, and is not based on a criterion inextricably linked to age.

Court Disposition

Reference answered; no indirect age discrimination found.

Orders

  • Article 2(1) and (2) of Directive 2000/78/EC does not preclude a national collective agreement provision extending the advancement period from the first to the second pay grade for employees benefiting from recognition of school periods, provided the extension applies equally to all such employees, including...