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Case Law Joined cases C-250/09 and C-268/09 (18/11/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/18/2010

Subject: The Court affirms that Directive 2000/78/EC does not preclude national legislation, under which university professors are compulsorily retired when they reach the age of 68 and may continue working beyond the age of 65 only by means of fixed term one-year contracts renewable at most twice, provided that that legislation pursues a legitimate aim linked inter alia to employment and labour market policy, such as the delivery of quality teaching and the best possible allocation of posts for professors between the generations, and that it makes it possible to achieve that aim by appropriate and necessary means. It is for the national court to determine whether those conditions are satisfied. Since this is a dispute between a public institution and an individual, if national legislation does not satisfy the conditions set out in Directive 2000/78, the national court must decline to apply that legislation.

Parties: Vasil Ivanov Georgiev c/ Tehnicheski universitet – Sofia, filial Plovdiv

Classification: Equality - Art. 21 Non discrimination

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