Tyrolean Airways Tiroler Luftfahrt Gesellschaft [2012] EUECJ C-132/11
Decision Number: Legal Body: Court of Justice of the European Union
Published on: 15/06/2012
Issues Covered:
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Background 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 25permits 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 a clause in a collective agreement. The question was whether

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 15/06/2012