The beginning of equality of treatment and not discrimination and National Health Service in the European Space

Abstract

It is a question of a supposition in the one that asks for an old age pension himself after a part-time work before the retirement. The conflict appears between the German regulation and the Austrian norm.

It is discussed is if the partial time before the retirement is equivalent to that of the Austrian legislation with the German legislation. Certainly, the case is interesting, since the legislations are different but very similar in beginning and consequences.

This way, the German legislation demands that the reduction of day by means of partial time is effected to 50 % whereas the reduction of day in the Austrian norm allows a reduction between 40 and 60 %. The TJUE solves the problem by means of the beginning of equality of treatment.