Recent ECJ case law on age discrimination in employment matters

10 February 2010

The European Court of Justice pronounced three judgments in January related to the interpretation of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation.

 

Directive 2000/78/EC prohibits discrimination on grounds of age in the field of employment and occupation. However, the directive does not preclude national measures which are necessary for the protection of health. It also allows the national legislature to provide, in certain cases, that a difference of treatment, although based on age or a characteristic related to age, is not discrimination and is not therefore prohibited.


According to the Court, setting a maximum recruitment age of 30 for certain firefighters and a retirement age of 68 for panel dentists is permissible. These age limits do not constitute prohibited discrimination on grounds of age in the case of firemen who are directly involved in fighting fires and, in the case of dentists, only if the limit is an appropriate and consistent response to an objective of protection of health or employment policy.

Read the full text of the judgments

Colin Wolf v Stadt Frankfurt am Main (C-229/08)

Domenica Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe (C-341/08)

 

In its decision in the Seda Kücükdeveci v Swedex GmbH & Co. KG (C-555/07) case, the Court confirmed that German legislation under which periods of employment completed before the age of 25 are not taken into account for calculating the notice period is contrary to the principle of non-discrimination on grounds of age, as expressed by Directive 2000/78, and must be disapplied if need be by the national court, even in proceedings between individuals.

Read the full text of the judgment here.

 

Further information

Press release on cases C-229/08 and C-341/08 (pdf)

Press release  on case C-555/07 (pdf)

 

Search the ECJ's website for more cases.