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2017-7 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0393 and id is 1 raw text is: VRw Reports of Cases Case C-190/16 Werner Fries V Lufthansa CityLine GmbH (Request for a preliminary ruling from the Bundesarbeitsgericht) (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) Summary - Judgment of the Court (First Chamber), 5 July 2017 1. Transport - Air transport - Technical requirements and administrative procedures related to civil aviation aircrew - Regulation No 1178/2011 - 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 in the light of the prohibition of discrimination on grounds of age and the right to freedom of occupation (Charter of Fundamental Rights of the European Union, Arts 15(1) and 21(1); Commission Regulation No 1178/2011, Annex I, point FCL.065) 2. Transport - Air transport - Technical requirements and administrative procedures related to civil aviation aircrew - Regulation No 1178/2011 - 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 - Scope - Those licence holders not prohibited from acting as pilots in ferry flight or from working as instructors and/or examiners on board an aircraft, without being part of the flight crew (Commission Regulation No 1178/2011, Annex I, point FCL.065) 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) and Article 21(1) of the Charter of Fundamental Rights of the European Union. Under that provision, holders of a pilot's licence are prohibited from acting as pilots of an aircraft engaged in commercial air transport upon reaching the age of 65. Point FCL.065(b) in Annex I to Regulation No 1178/2011 thus gives holders of a pilot's licence who have attained the age of 65 less favourable treatment than those under the age of 65. Consequently, it must be held that that provision establishes a difference in treatment based on age. ECLI:EU:C:2017:513 1

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