Judgment_paragraph 89 · FV v Council of the European Union (T-750/16)

89According to the case-law, for the EU legislature to be accused of infringing the principle of equal treatment, it must have treated comparable situations differently, thereby subjecting some persons to disadvantages as opposed to others (see judgment of 16 December 2008, Arcelor Atlantique et Lorraine and Others, C‑127/07, EU:C:2008:728, paragraph 39 and the case-law cited). It follows from that case-law that it is necessary to ascertain, in the present case, whether the difference in treatment on grounds of age introduced by Article 42c of the Staff Regulations entails a disadvantage for officials falling within the age range at issue as opposed to officials who do not fall within that age range (see, to that effect, judgment of 5 July 2017, Fries, C‑190/16, EU:C:2017:513, paragraph 33).

FV v Council of the European Union (T-750/16)

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