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Case C-190/16: Judgment of the Court (First Chamber) of 5 July 2017 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Werner Fries v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, point FCL.065(b) — Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport — Validity — Charter of Fundamental Rights of the European Union — Article 15 — Freedom of occupation — Article 21 — Equal treatment — Discrimination on grounds of age — Commercial air transport — Concept)

ECLI:EU:UNKNOWN:62016CA0190

62016CA0190

July 5, 2017
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28.8.2017

Official Journal of the European Union

C 283/7

(Case C-190/16) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Air transport - Regulation (EU) No 1178/2011 - Annex I, point FCL.065(b) - Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport - Validity - Charter of Fundamental Rights of the European Union - Article 15 - Freedom of occupation - Article 21 - Equal treatment - Discrimination on grounds of age - Commercial air transport - Concept)

(2017/C 283/09)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Werner Fries

Defendant: Lufthansa CityLine GmbH

Operative part of the judgment

1.Consideration of the first and second questions has revealed nothing that might affect the validity of point FCL.065(b) in Annex I to Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, in the light of Article 15(1) or Article 21(1) of the Charter of Fundamental Rights of the European Union;

Language of the case: German

(<span class="super">1</span>) OJ C 222, 20.6.2016.

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