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Law Review

Access_open 2018/1 EELC’s review of the year 2017

Journal European Employment Law Cases, Issue 1 2018
Authors Ruben Houweling, Catherine Barnard, Zef Even e.a.
Abstract

    This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks.


Ruben Houweling

Catherine Barnard

Zef Even

Amber Zwanenburg

Daiva Petrylaitė

Petr Hůrka

Jean-Philippe Lhernould

Erika Kovács

Jan-Pieter Vos

Andrej Poruban

Luca Ratti

Niklas Bruun

Francesca Maffei
ECJ Court Watch

ECJ 21 December 2016, case C-539/15 (Bowman), Age discrimination

Daniel Bowman – v – Pensionsversicherungsanstalt, Austrian case

Journal European Employment Law Cases, Issue 1 2017
Keywords Discrimination
Abstract

    Requiring staff to complete five service years before progressing from the first to the second step on the salary scale, but requiring only two service years for each next step, is not age-discriminatory.

    For the fourth time in seven years, an Austrian court has asked the ECJ for guidance on the subject of age discrimination in pay scales. In this latest case, the period required to progress from step 1 to step 2 on the pay scale was longer than the period needed to progress from step 2 to step 3 and beyond. Does that constitute age discrimination? The author argues that it does, and that the arguments advanced to justify it are not valid.


Dr. Marta J. Glowacka
Dr. Marta J. Glowacka, LL.M. is an assistant professor at the Institute for Austrian and European Labour Law and Social Security Law at Vienna University of Economics and Business, www.wu.ac.at.
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