Source: All England Reporter
Publisher Citation: [2015] All ER (D) 141 (Jan)
Court: Court of Justice of the European Union (Second Chamber)
Judge:

Judges Silva de Lapuerta (President of the Chamber), Lenaerts (Vice-President of the Court and acting judge of the Second Chamber), Bonichot, Arabadjiev (Rapporteur) and da Cruz Vilaca

Judgment Dates: 21 January 2015

Catchwords

European Union - Employment - Equal treatment in employment and occupation - Pensions - Applicant being Austrian federal civil servant - Calculation of applicant's pensionable rights not including period of education completed by applicant before age of 18 - Applicant unsuccessfully challenging failure to credit that period - Whether EU law precluding national legislation which excluded crediting periods of school education completed before age of 18 with regard to pension entitlement although those periods credited when completed after that age reached - Council Directive (EC) 2000/78, arts, art 2(1), (2)(a), art 6(1).

The Case

European Union Employment. The Court of Justice of the European Union ruled that art 2(1) and (2)(a) and art 6(1) of Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation) should be interpreted as not precluding national legislation, such as that at issue, which excluded the crediting of periods of school education completed by a civil servant before the age of 18 for the purpose of the grant of pension entitlement and the calculation of the amount of his retirement pension, in so far as that legislation was objectively and reasonably justified by a legitimate aim relating to employment policy and labour-market policy and constituted an appropriate and necessary means of achieving that aim.

Practice Areas

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