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Case C-52/22, BVAEB (Adjustment of retirement pensions): Judgment of the Court (Seventh Chamber) of 20 April 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Austria) — BF v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of age — Article 2(1) and (2)(a) — Article 6(1) — Retirement pension — National legislation providing for a gradual alignment of the pension scheme for civil servants with the general pension scheme — First adjustment of the amount of the pension being made more quickly for one category of civil servants than for another — Justification)
ECLI:EU:UNKNOWN:62022CA0052
62022CA0052
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12.6.2023
Official Journal of the European Union
C 205/12
(Case C-52/22, (<span class="oj-super oj-note-tag">1</span>) BVAEB (Adjustment of retirement pensions))
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Prohibition of discrimination on grounds of age - Article 2(1) and (2)(a) - Article 6(1) - Retirement pension - National legislation providing for a gradual alignment of the pension scheme for civil servants with the general pension scheme - First adjustment of the amount of the pension being made more quickly for one category of civil servants than for another - Justification)
(2023/C 205/14)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: BF
Defendant: Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB)
Operative part of the judgment
Article 2(1) and (2)(a) and (b) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
must be interpreted as not precluding national legislation which, with a view to gradually aligning the pension scheme for civil servants with the general pension scheme, provides that the first adjustment of the amount of the retirement pension of one category of civil servants is to be made as from the second calendar year following the commencement of entitlement to a pension, whereas, for another category of civil servants, that adjustment is to be made from the first calendar year following the commencement of that entitlement.
Language of the case: German.