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Case C-515/14: Judgment of the Court (First Chamber) of 21 January 2016 — European Commission v Republic of Cyprus (Failure of a Member State to fulfil obligations — Freedom of movement for persons — Workers — Articles 45 TFEU and 48 TFEU — Old-age benefits — Difference of treatment on the ground of age — Civil servants from a Member State under the age of 45 who leave that Member State to take up employment in another Member State or within an EU institution)

ECLI:EU:UNKNOWN:62014CA0515

62014CA0515

January 21, 2016
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Official Journal of the European Union

C 98/13

(Case C-515/14)(Failure of a Member State to fulfil obligations - Freedom of movement for persons - Workers - Articles 45 TFEU and 48 TFEU - Old-age benefits - Difference of treatment on the ground of age - Civil servants from a Member State under the age of 45 who leave that Member State to take up employment in another Member State or within an EU institution)

(2016/C 098/16)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: H. Tserepa-Lacombe and D. Martin, acting as Agents)

Defendant: Republic of Cyprus (represented by: N. Ioannou and D. Kalli, acting as Agents)

Operative part of the judgment

The Court:

1)Declares that by failing to repeal, with retroactive effect from 1 May 2004, the age-related criterion in Article 27 of Law 97 (Ι)/1997 on Pensions which deters workers from leaving their Member State of origin in order to work in another Member State, or within an EU institution, or other international organisation and which has the effect of creating unequal treatment between migrant workers including those who work within the EU institutions or within another international organisation, on the one hand, and civil servants who have worked in Cyprus, on the other, the Republic of Cyprus has failed to fulfil its obligations under Articles 45 TFEU and 48 TFEU and under Article 4(3) TEU;

2)Orders the Republic of Cyprus to pay the costs.

*

Language of the case: Greek.

(1)

OJ C 65, 23.2.2015.

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