Tyrolean Airways Tiroler Luftfahrt Gesellschaft [2012] EUECJ C-132/11

Posted In: Case Law
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
Issues covered: Age Discrimination; Previous Service

Following a merger, the employment conditions of flight and cabin crews of two airlines, Tyrolean Airways and Lauda Air, have been controlled by a single collective agreement. The agreement does not make provision for periods of employment with Tyrolean Airways to be taken into account. The relevant clause divides the crews into two categories, A and B, and 25 permits advancement from the former to the latter on completion of three years of service after recruitment as a member of cabin crew. A works council challenged this rule in the Austrian regional court, which in turn asked the ECJ whether or not the Equal Treatment Framework Directive (2000/78/EC) precludes such

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This article is correct at 15/06/2012

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