25.3.2019 |
EN |
Official Journal of the European Union |
C 112/20 |
Request for a preliminary ruling from the Verwaltungsgericht Halle (Germany) lodged on 10 December 2018 — VM v Land Sachsen-Anhalt
(Case C-775/18)
(2019/C 112/25)
Language of the case: German
Referring court
Verwaltungsgericht Halle
Parties to the main proceedings
Applicant: VM
Defendant: Land Sachsen-Anhalt
Questions referred
1. |
Is the ex post facto percentage increase within the context of an age-related discriminatory pay system a new form of discrimination if the percentage increase is the same for all stages of a pay grade and therefore the absolute, but not the relative gap between those discriminated against and those not discriminated against varies? |
2. |
If the answer to Question 1 is in the affirmative, is such a percentage increase over all age brackets justified in cases where the increase is due to the initial payment falling below a minimum set by the constitution of a Member State? |
3. |
Does EU law, in particular Article 9 of Directive 2000/78/EC, (1) preclude an arrangement which cancels a right to compensation for age-related discriminatory payment after two months if:
|
4. |
Does it affect the answer to question 3 if the legal position is unclear or confusing? |
5. |
Is it sufficient for the commencement of an exclusion period if the disadvantaged category of persons is aware of the difference in treatment, or must the reason for the unequal treatment, i.e. the differentiation criterion, also be known? |
(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).