Source: All England Reporter
Publisher Citation: [2013] All ER (D) 128 (Apr)
Court: Court of Justice of the European Union (Third Chamber)
Judge:

Judges Silva de Lapuerta (acting President of the Third Chamber), Lenaerts, Arestis (Rapporteur), Malenovsky and Svaby

Judgment Dates: 11 April 2013

Catchwords

European Union - Equal treatment in employment and occupation - Pension - Female farmer applying for registration under support scheme for early retirement from farming - Application made when farmer not less than 55 years of age but not yet of 'normal retirement age' - National legislation determining retirement age which varied depending on sex of applicant and for women, on number of children raised - Respondent refusing farmer's appeal on basis that at time of application farmer having reached age entitling her to old-age pension - Respondent's decision subsequently set aside - Respondent's appeal stayed pending reference for preliminary ruling - Concept of 'normal retirement age' - Whether national legislation compatible with European Union principles of equal treatment and non-discrimination - Council Regulation (EC) 1257/1999, art 11.

The Case

European Union Equal treatment in employment and occupation. The Court of Justice of the European Union made a preliminary ruling concerns the interpretation of art 11 of Council Regulation (EC) 1257-1999 of 17 May 1999 (on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)) and amending and repealing certain Regulation and the general European Union law principles of equal treatment and non-discrimination. The request had been made in proceedings between Mrs Soukupov, a farmer, and the Ministerstvo zemdlstv (Czech Ministry of Agriculture), concerning the refusal of her application for registration under the scheme for support for early retirement from farming.

Practice Areas

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