Source: All England Reporter
Publisher Citation: [2009] All ER (D) 51 (Mar)
Court: Court of Justice of the European Communities (Third Chamber)

Judges Rosas (President), Lindh (Rapporteur), O Caoimh, Klucka and Lohmus

Judgment Dates: 5 March 2009


European Community - Employment - Equality of treatment in employment and occupation - Age discrimination - Domestic legislation providing for exception to principle of non-discrimination where reason for dismissal of an employee aged 65 or over was retirement - Whether domestic legislation properly transposing relevant European Community directive - Employment Equality (Age) Regulations 2006, , regs 3(1), 7(4),(5), 30 - Council Directive (EC) 2000/78, arts 2(2), 6(1), recital 14.

The Case

European Community Employment. European Court of Justice: National rules such as regs3, 7(4) and (5) and (30) of the Employment Equality (Age) Regulations 2006, fell within the scope of Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation). Article6(1) of the Directive did not require a precise list of the aims justifying derogation from the principle prohibiting discrimination on grounds of age. However, the option to derogate from that principle was only in respect of measures justified by legitimate social policy objectives. Moreover, it imposed on member states the burden of establishing to a high standard of proof the legitimacy of the aim relied on as a justification.

Practice Areas

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