Bartsch v Bosch und Siemens Hausgerate (BSH) Altersfursorge GmbH: ECJ 22 May 2008

References: C-427/06, [2008] EUECJ C-427/06_O, [2008] ECR I-7245, [2009] All ER (EC) 113, [2009] 1 CMLR 5, [2008] Pens LR 369
Links: Bailii
Coram: Skouris P
ECJ Scope of Community law – Legal effects of directives before the end of their transposition period – Horizontal application of general principles of Community law – Age discrimination – Article 13 EC Directive 2000/78 Equal treatment in employment and occupation – Survivors’ pensions Justification for differential treatment – Proportionality – Limitation ratione temporis of judgments of the Court.
Statutes: Directive 2000/78 Equal treatment in employment and occupation
This case is cited by:

  • Cited – Age UK, Regina (On the Application of) -v- Attorney General Admn (Bailii, [2009] EWHC 2336 (Admin), Times, [2009] IRLR 1017, [2009] Pens LR 333, [2010] 1 CMLR 21, [2010] ICR 260)
    Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
    Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
  • Cited – Age UK, Regina (On the Application of) -v- Attorney General Admn (Bailii, [2009] EWHC 2336 (Admin), Times, [2009] IRLR 1017, [2009] Pens LR 333, [2010] 1 CMLR 21, [2010] ICR 260)
    Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
    Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
  • Cited – Chester, Regina (on The Application of) -v- Secretary of State for Justice SC (Bailii, [2013] UKSC 63, [2014] 1 AC 271, [2014] HRLR 3, [2013] 3 WLR 1076, [2014] 1 All ER 683, [2013] WLR(D) 392, [2014] 1 CMLR 45, 2014 SC (UKSC) 25, 2014 SLT 143, 2013 GWD 34-676, WLRD, Bailii Summary, UKSC 2012/0151, SC Summary, SC)
    The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
    Held: The . .