Source: All England Reporter
Publisher Citation: [2012] All ER (D) 38 (Jul)
Court: Court of Justice of the European Communities (Second Chamber)

Judges Rodrigues (President), Lõhmus, Caoimh, Arabadjiev (Rapporteur) and Fernlund

Judgment Dates: 7 June 2012


European Union - Employment - Equal treatment in employment and occupation - Applicant company wholly owned subsidiary of airline - Collective agreement providing applicant's flight and cabin crew to be graded in two categories with advancement occurring on completing three years' service - Collective agreement providing commencement of employment being commencement of employment with applicant - First instance court finding advancement occurring on completion of three years' service within group of companies - Whether collective agreement establishing difference of treatment on grounds of age - Council Directive (EC) 2000/78, arts 2, 6(1).

The Case

European Union Employment. The Court of Justice of the European Communities interpreted art 2(2)(b) of the Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation) not to preclude a provision of a collective agreement considering, for employment grading purposes, the professional experience acquired as a cabin crew member of a specific airline, while excluding identical experience acquired in the service of another airline within the same group.

Practice Areas

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