Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH v EurothermenResort Bad Schallerbach GmbH

European Union – Freedom of movement. National legislation, such as that at issue in the main proceedings in Austria, which established a difference in treatment between workers based on their seniority with their current employer could not be regarded as indirectly discriminatory against workers who were nationals of other member states and, therefore, as being contrary to art 45(2) of the Treaty on the Functioning of the European Union. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the merely partial account taken, for the purposes of calculating the right to paid annual leave of the respondent company's employees, of previous periods of service which those employees had completed with other employers.

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