Hans Maschek v Magistratsdirektion der Stadt Wien

Mr Maschek was a public servant with the city of Vienna from 3 January 1978. Between 15 November 2010 and 30 June 2012, the date of his retirement, he did not report to his place of work. The referring court (Administrative Court of Vienna) states that it is apparent from Mr Maschek’s administrative file that his employer, in its records, classified as an “absence due to illness” only the period between 15 November 2010 and 31 December 2010.

Mr Maschek’s employer apparently did not object to Mr Maschek’s other absences, from 1 January 2011 to 30 June 2012, due to it having concluded with him two agreements relating to those absences and their consequences. At the time of the conclusion of