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Case C-529/13: Judgment of the Court (Second Chamber) of 21 January 2015 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Georg Felber v Bundesministerin für Unterricht, Kunst und Kultur (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Article 2(1) and (2)(a) and Article 6(1) and (2) — Difference of treatment on grounds of age — Civil service — Pension scheme — National legislation precluding the taking into account of periods of school education completed before the age of 18)

ECLI:EU:UNKNOWN:62013CA0529

62013CA0529

January 21, 2015
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30.3.2015

Official Journal of the European Union

C 107/10

(Case C-529/13) (1)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Article 2(1) and (2)(a) and Article 6(1) and (2) - Difference of treatment on grounds of age - Civil service - Pension scheme - National legislation precluding the taking into account of periods of school education completed before the age of 18))

(2015/C 107/12)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Georg Felber

Defendant: Bundesministerin für Unterricht, Kunst und Kultur

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 not precluding national legislation, such as that at issue in the main proceedings, which excludes the crediting of periods of school education completed by a civil servant before the age of 18 for the purpose of the grant of pension entitlement and the calculation of the amount of his retirement pension, in so far as that legislation is objectively and reasonably justified by a legitimate aim relating to employment policy and labour market policy and constitutes an appropriate and necessary means of achieving that aim.

(1) OJ C 15, 18.1.2014.

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