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Austria / Supreme Administrative Court / 6Ob246/10k

Physician claims discrimination because of age

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
17/07/2011

Key facts of the case:

A physician born in 1951 wanted to apply for a new post as Statutory Health Insurance Physician (Vertragsarzt); a clause foresaw that applications of people over the age of 55 do not have to be considered: The Applicant filed a claim that this provision was against the prohibition of discrimination. Results (sanctions) and key consequences or implications of the case: The Supreme Court did not decide on sanctions. The mere reference to age is not a valid mean to reach the goal. This goal would have better been reached by postulating a specific minimum demand level or a specific equipment of the physician’s practice. Regarding the protection of uneconomical investions there are no public interests to be identified.