Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 09/23/2008

Subject: Concerning the reference for a preliminary ruling regarding a company’s refusal to pay a survivor’s pension, the Court concluded that the application, which the courts of Member States must ensure, of the prohibition under Community law of discrimination on the ground of age is not mandatory where the allegedly discriminatory treatment contains no link with Community law. The Court affirmed that in circumstances such as those at issue in the main proceedings no such link arises either from Article 13 EC, or from the Directive 2000/78 before the time-limit allowed to the Member State concerned for its transposition has expired.

Parties: Birgit Bartsch

Classification: Equality - Art. 21 Non discrimination

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