28In the first place, it should be noted that the referring court’s premiss is based on a misreading of those judgments. The effect of ensuring that national legislation complies with the judgment of 28 January 2015, ÖBB Personenverkehr (C‑417/13, EU:C:2015:38) is not necessarily to confer the right to a salary increase on workers who have been the subject of the discrimination identified by the Court. As the Court stated in paragraphs 43 to 45 of that judgment, although Member States are obliged, in accordance with Article 16 of Directive 2000/78, to ensure that any laws, regulations or administrative provisions contrary to the principle of equal treatment are abolished, that article does not require Member States to adopt specific measures to be taken in the event of a breach of the prohibition of discrimination but leaves them free to choose, between the different solutions suitable for achieving its intended objective, the one which appears to them to be the most appropriate for that purpose, depending on the situations which may arise.
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