Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/19/2016

Subject: The Court affirmed that the general principle prohibiting discrimination on grounds of age, as given concrete expression by Council Directive 2000/78/EC must be interpreted as precluding, including in disputes between private persons, national legislation which deprives an employee of entitlement to a severance allowance where the employee is entitled to claim an old-age pension from the employer under a pension scheme which the employee joined before reaching the age of 50, regardless of whether the employee chooses to remain on the employment market or take his retirement. According to the Court, EU law is to be interpreted as meaning that a national court adjudicating in a dispute between private persons falling within the scope of Directive 2000/78 is required, when applying provisions of national law, to interpret those provisions in such a way that they may be applied in a manner that is consistent with the directive or, if such an interpretation is not possible, to disapply, where necessary, any provision of national law that is contrary to the general principle prohibiting discrimination on grounds of age. Neither the principles of legal certainty and the protection of legitimate expectations nor the fact that it is possible for the private person who considers that he has been wronged by the application of a provision of national law that is at odds with EU law to bring proceedings to establish the liability of the Member State concerned for breach of EU law can alter that obligation

Parties: DI

Classification: Equality - Art. 21 Non discrimination

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