The Administrative Court has Göttingen - not very strong - Order of 01/02/2011 the request of a professor at the University of Göttingen rejected wanted to achieve with this, that the admission of his retirement is postponed (3 B 1 / 11).
The applicant is a mathematics professor at the University of Göttingen. After the age of 65 Birthday in January 2011 shall be retired at the end of the regular winter semester 31 March 2011 one. Already in 2009 the applicant applied to the University, his retirement until the age of 68 Age delay. This was rejected by the university, while the applicant takes action. Because of the approaching date for retirement, the applicant now presented a request for provisional judicial protection to beyond 31 March 2011 also do service to. This request was refused by the court. The Tribunal stated:
The new rules applicable from 2007, according to professors different from the current age limit for civil servants until the age of 68 Year of life in retirement grab went for the applicant because he entry into force of the scheme is already the 60th Age had ended and so did not fall under the new rules.
The applicant could not rely on European law. In particular offense, the determination of the legal age limit to 65 years not to the prohibition of age discrimination . This age limit pursuing a legitimate goal that leaves the intervention appear proportionate to the rights of the applicant. Employment Policies The aim of the age limit is there to distribute the employment opportunities among the generations and to increase the cooperation of teachers and researchers of different ages, the quality of work.
founded Finally, not national civil service law the claim of the applicant. Furthermore, although the Nds. Civil Service Law for the possibility of postponing the retirement age. This presupposes, however, that official interests did not preclude it. Such interests have made the defendant contends, however, understandable. If the age limit postponed as requested, could not have two posts for young scientists to be filled, which would turn the chances of an application of the mathematical Institute to establish a special research center weaken significantly, but this is an essential part of the structure and development planning of the faculty. Other personnel plans had already provides for a withdrawal of the applicant from active service at the end of the winter semester.
specialist in labor law Dan Fehlberg Lawyers Dr. Kühl & Koll Elm Street 42 09112 Chemnitz Tel: 0371-355900 Fax: 0371-3559020 Email: buero@anwalt-in-chemnitz.de 
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