09 Avr European Court of Justice – April 2026
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Regional legislation on the remuneration of contract staff members – Periods of employment completed before the age of 18 taken into account – New remuneration system replacing previous legislation found to be discriminatory.
ECJ, 5 March 2026, Case C 757/24, Gemeinde Wien.
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Articles 1, 2 and 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, read in conjunction with Article 21 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation pursuant to which a contract staff member’s grade is fixed on the basis of his or her seniority in the remuneration scale, where that seniority is determined, in order to put an end to existing discrimination on grounds of age, by taking into account at half their value certain accreditable periods prior to the recruitment of that staff member completed before his or her 18th birthday, subject to a ceiling of three years, provided that that ceiling applies irrespective of the age at which the experience was acquired.
