Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/15/2019

Subject: The Court affirmed that Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, must be interpreted as applying, after the expiry of the time limit for transposing that directive, namely from 3 December 2003, to the future effects of a final disciplinary decision, adopted before the entry into force of that directive, ordering the early retirement of a civil servant, accompanied by a reduction in his pension entitlement. According to the Court, Directive 2000/78 obliges the national court to review, with respect to the period starting on 3 December 2003, not the final disciplinary decision ordering the early retirement of the civil servant concerned, but the reduction in his pension entitlement, in order to calculate the amount he would have received in the absence of any discrimination on the ground of sexual orientation

Parties: E.B.

Classification: Equality - Art. 21 Non discrimination

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