Reference for a preliminary ruling – Social policy – Equal treatment in matters of employment and occupation – Directive 2000/78/EC – Article 2(1) and (2) – Prohibition of discrimination based on age – National legislation having the effect that the treatment received by certain magistrates is higher than that of other magistrates of the same … Continue reading Curtea De Apel Alba Iulia and Others (Judgment): ECJ 20 Oct 2022
ECJ Directive 2000/78/EC – Articles 2(5), 4(1) and 6(1) – Prohibition of discrimination on grounds of age – Airline pilots – Collective agreement – Clause automatically terminating employment contracts at age 60 Judges: V Skouris, P Citations: [2011] EUECJ C-447/09, C-447/09, [2011] IRLR 1052, [2011] Eq LR 1175 Links: Bailii Statutes: Directive 2000/78/EC Citing: Opinion … Continue reading Prigge And Others v Deutsche Lufthansa AG (1): ECJ 13 Sep 2011
ECJ Grand Chamber – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Non-payment of a severance allowance to workers who are entitled to an old age pension) Judges: V Skouris P Citations: [2010] EUECJ C-499/08, [2011] 1 CMLR 35, [2010] EUECJ C-499/08, C-499/08 Links: Bailii, … Continue reading Ingeniorforeningen i Danmark v Region Syddanmark: ECJ 12 Oct 2010
ECJ Directive 2000/78/EC Articles 2(5) and 6(1) – Prohibition of discrimination on grounds of age – Provision of national law setting a maximum age of 68 for practice as a panel dentist – Aim pursued Measure necessary for the protection of health Consistency Appropriateness of the measure. Judges: Lenaerts P Citations: [2010] EUECJ C-341/08, C-341/08, … Continue reading Petersen v Berufungsausschuss fur Zahnarzte fur den Bezirk Westfalen-Lippe: ECJ 12 Jan 2010
ECJ Directive 2008/78/EC Article 4(1) Prohibition of discrimination on grounds of age National provision setting a maximum age of 30 years for the recruitment of officials to posts in the fire service Aim pursued Genuine and determining occupational requirement Judges: K Lenaerts P Citations: [2010] 2 CMLR 32, [2010] EUECJ C-229/08, [2010] CEC 1029, [2010] … Continue reading Wolf v Stadt Frankfurt am Main: ECJ 12 Jan 2010
ECJ (Opinion) Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination based on age – Article 2, paragraph 5 – Article 4, paragraph 1 – Article 6, paragraph 1 – Articles 21 and 28 of the Charter of fundamental rights – Collective agreement providing for the termination of sixty years of … Continue reading Prigge And Others v Deutsche Lufthansa AG: ECJ 19 May 2011
(Bristol County Court) The claimants, homosexual partners in a civil partnership, sought damages after being refused a stay at the bed and breakfast hotel operated by the defendants, who said that this was their home, and that they were committed Christians. Held: The claim succeeded. Rutherford J said: ‘The defendants’ right to have their private … Continue reading Hall and Another v Bull and Another: Misc 4 Jan 2011
ECJ Social policy – Equal treatment in employment and occupation – employment contract term for the university professors who have attained the age of 65 – Setting the final retirement age for teachers University at age 68 – Justification of differences of treatment based on age. Citations: C-268/09, [2010] EUECJ C-268/09 Links: Bailii Cited by: … Continue reading Georgiev v Tehnicheski universitet – Sofia, filial Plovdiv: ECJ 2 Sep 2010
ECJ Directive 2000/78/EC – Prohibition of discrimination based on age – National legislation providing for an age limit of 68 years for the exercise of a panel dentist – Objective for protecting the health of patients under the statutory health insurance consisting – Objective maintaining the financial balance of the statutory health insurance – Goal … Continue reading Petersen v Berufungsausschuss fur Zahnarzte fur den Bezirk Westfalen-Lippe: ECJ 3 Sep 2009
ECJ (Preliminary Ruling) Directive 2000/78/EC – Prohibition of discrimination based on age limit of 30 years of age for recruitment into the technical service through Fire Objective Justification for establishing a balanced age structure to ensure the operation and the proper functioning of the fire brigade Citations: C-229/08, [2009] EUECJ C-229/08 – O Links: Bailii … Continue reading Wolf v Stadt Frankfurt am Main: ECJ 3 Sep 2009
Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination based on age – Distinction between direct discrimination and indirect discrimination – Severance pay-Refusal to recognize the right to claim payments redundancy in case of existence of a right to an old age pension – Justification-Employment policy – Easing the transition to … Continue reading Ole Andersen: ECJ 6 May 2010
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner. Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was precisely the same as that which would have been paid to a heterosexual man. There was … Continue reading Walker v Innospec Ltd and Others: SC 12 Jul 2017
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
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 aim of labour market confidence. The use of a designated retirement age … Continue reading Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009
No retrospection for pensions of civil partnership ECJ (Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2 – Prohibition of discrimination on grounds of sexual orientation and age – National pension scheme – Payment of a survivor’s benefit to the civil partner – Condition – … Continue reading Parris v Trinity College Dublin and Others: ECJ 24 Nov 2016
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012
Discriminatory Intent of Firm Founded Claim (Equal Treatment In Employment and Occupation – Prohibition of Discrimination – Judgment) Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a), Article 8(1) and Article 9(2) – Prohibition of discrimination based on sexual orientation – Conditions for access to employment … Continue reading NH v Associazione Avvocatura Per I Diritti LGBTI-Rete Lenford: ECJ 23 Apr 2020
