# C_2019093EN.01000701.xml

| 11.3.2019 | EN | Official Journal of the European Union | C 93/7 |
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11.3.2019

EN

Official Journal of the European Union

C 93/7

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Judgment of the Court (Grand Chamber) of 15 January 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — E.B. v Versicherungsanstalt öffentlich Bediensteter BVA

(Case C-258/17) (1)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2 - Attempted act of same-sex indecency committed by a civil servant on male minors - Disciplinary sanction adopted in 1975 - Compulsory early retirement accompanied by a reduction in the pension entitlement - Discrimination on grounds of sexual orientation - Effects of the application of Directive 2000/78/EC on the disciplinary sanction - Calculation of the retirement pension paid))

(2019/C 93/07)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Appellant on a point of law: E.B.

Respondent body: Versicherungsanstalt öffentlich Bediensteter BVA

Operative part of the judgment

| 1. | Article 2 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 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. |
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1.

Article 2 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 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.

| 2. | Directive 2000/78 must be interpreted as meaning that, in a situation such as that referred to in point 1 of the operative part of the present judgment, it 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. |
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2.

Directive 2000/78 must be interpreted as meaning that, in a situation such as that referred to in point 1 of the operative part of the present judgment, it 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.

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(1)  OJ C 283, 28.8.2017.

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