Fundamental Rights Section sent case of grievance since, based on his German schooling and accredited graduation, the claimant was able to complete times of Austrian university study; in addition, his German schooling also formed the basis for his gainful employment (exclusively in Austria) thereafter. The Pension Insurance Commission agreed with the AOB’s considerations of the matter in terms of Community law and approved Mr. K’s application to make such retroactive contributions. 2.8.2 Art. 39 and Crime Victims (EEA) 1612/68 (Freedom of Movement Ordinance) 2.8.2.1 Support in accordance with the Victims of Crime Act A Dutch citizen, gainfully employed and who had relocated her permanent residence to Austria in 1977 had been the victim of a crime prior to this date in the Netherlands. The consequences of the crime began to limit her ability to work to the point that she underwent therapy. The Federal Ministry of Social Security, Generations and Consumer Protection refused to pay the costs of the therapy, stating as its reasons that, according to Art. 16 Par. 3 of the Victims of Crime Act (VCA), EEA citizens may only be treated equally if an act causing such harm was committed after the entry into force of the EEA Treaty. Assistance in accordance with the VCA is restricted as set out in Art. 16 Par. 3 of the VCA to the extent that the equal-treatment statute set out in Art. 1 Par. 7 of the VCA is only applicable to citizens of EEA member states if the act (the crime) was committed after the entry into force of the EEA Treaty; however, since Austria joined the EU after passing the VCA, this restriction cannot be applied to Union citizens living in Austria as their freedom of movement as workers entitles them to do. The AOB’s intervention resulted in the Federal Ministry of Social Security, Generations and Consumer Protection dispatched a standing instruction covering the entire country, stipulating that Art. 16 Par. 3 of the VCA was is no longer applicable in cases of this type and that petitions which had been rejected based on this item of law were to be taken up again ex officio. 27