Reference for a preliminary ruling from the Landesarbeitsgericht Hamburg (Germany) lodged on 6 July 2009 — Susanne Bulicke v Deutsche Büro Service GmbH

(Case C-246/09)

2009/C 244/02

Language of the case: German

Referring court

Landesarbeitsgericht Hamburg

Parties to the main proceedings

Applicant: Susanne Bulicke

Defendant: Deutsche Büro Service GmbH

Question referred

Does national legislation under which a time-limit of two months from receipt of a rejection of a job application — or by way of interpretation: from knowledge of the discrimination — applies (in the absence of provisions in a collective agreement) to the bringing in writing of a claim for damages and/or compensation based on discrimination in recruitment infringe primary law of the European Community (safeguarding effective legal protection) and/or the Community law prohibition of age discrimination, Directive 2000/78/EC of 27 November 2000, (1) if three-year limitation periods apply to equivalent claims under national law, and/or the ‘prohibition of regression’ (reduction of protection) under Article 8 of Directive 2000/78/EC, if a previous national provision provided for a longer limitation period for discrimination on grounds of sex?

(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation; OJ 2000 L 303, p. 16.