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Case C-681/21, BVAEB (Amount of the retirement pension): Judgment of the Court (Seventh Chamber) of 27 April 2023 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) v BB (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of age — Retirement pension — National legislation providing, with retroactive effect, for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated in the same way as a category of civil servants previously disadvantaged by that legislation)
ECLI:EU:UNKNOWN:62021CA0681
62021CA0681
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19.6.2023
Official Journal of the European Union
C 216/15
(Case C-681/21, (<span class="oj-super oj-note-tag">1</span>) BVAEB (Amount of the retirement pension))
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Prohibition of discrimination on grounds of age - Retirement pension - National legislation providing, with retroactive effect, for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated in the same way as a category of civil servants previously disadvantaged by that legislation)
(2023/C 216/19)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB)
Respondent: BB
Operative part of the judgment
Article 2(1) and (2)(a) 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 precluding, in the absence of an overriding reason in the public interest, national legislation which, in order to end discrimination on grounds of age, provides for the retirement pension scheme for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated, with retroactive effect, in the same way as the retirement pension scheme for the category of civil servants previously disadvantaged by that legislation.
Language of the case: German.