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Case C-349/23, Zetschek: Judgment of the Court (Second Chamber) of 17 October 2024 (request for a preliminary ruling from the Verwaltungsgericht Karlsruhe – Germany) – HB v Bundesrepublik Deutschland (Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(2)(a) – Prohibition of discrimination on grounds of age – Mandatory retirement age – National legislation precluding any postponement of the retirement of federal judges – Possibility for federal civil servants and Land judges to request the postponement of retirement – Difference in treatment on grounds of membership of a socio-professional category or place of work)
ECLI:EU:UNKNOWN:62023CA0349
62023CA0349
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Official Journal of the European Union
C series
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C/2024/7147
(Case C-349/23,
Zetschek)
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Article 2(2)(a) - Prohibition of discrimination on grounds of age - Mandatory retirement age - National legislation precluding any postponement of the retirement of federal judges - Possibility for federal civil servants and Land judges to request the postponement of retirement - Difference in treatment on grounds of membership of a socio-professional category or place of work)
(C/2024/7147)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: HB
Defendant: Bundesrepublik Deutschland
Operative part of the judgment
Article 2(2)(a) 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 meaning that national legislation, under which federal judges cannot postpone their retirement, whereas federal civil servants and Land judges are allowed to do so, does not establish a difference in treatment directly based on age, within the meaning of that provision.
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Language of the case: German
ELI: http://data.europa.eu/eli/C/2024/7147/oj
ISSN 1977-091X (electronic edition)
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*1 Language of the case: German.