Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 4 September 2009 - Pensionsversicherungsanstalt v Dr Christine Kleist

(Case C-356/09)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Appellant: Pensionsversicherungsanstalt

Respondent: Dr Christine Kleist

Questions referred

Is Article 3(1)(c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, 1 as amended by Directive 2002/73/EC, to be interpreted - in the context of a system of employment law in which the general protection of employees against dismissal is determined by their social (financial) dependence on the job - as precluding a provision of a collective agreement offering special protection against dismissal, over and above the statutory general protection against dismissal, only until that point in time at which, in a typical case, there is a social (financial) safety net in the form of an old-age pension if men and women become entitled to that old-age pension at different times?

2.    In the context of such a system of employment law, does Article 3(1)(c) of Directive 76/207/EEC, as amended by Directive 2002/73/EC, preclude a decision by a public employer terminating the employment of a female employee just a few months after she acquires the financial safety net of an old-age pension, in order to employ new workers who are already pressing to join the job market?

____________

1 - OJ 1976 L 39, p. 40