Type: Judgment

Authority: National Courts: Merit's Courts (Italy) - Corte di Appello di Firenze

Date: 03/27/2006

Subject: The early retirement of workers based solely on the criterion that they are nearing retirement age is discriminatory even when envisaged by a collective agreement. The prohibition of discrimination on grounds of age is a general principle of Community law (ECJ case C-144/04 Mangold). National courts are therefore required to guarantee the protection that Community law offers, even disapplying any national law provisions that are ncompatible with this general principle.The principle of non crimination enshrined in art. 21 of the Nice Charter is not subject to any special derogations.

Parties: Poste italiane\Olivieri

Original language: Italian

Classification: Art. 21 Non discrimination - Art. 30 Protection against unjustified dismissal

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Notices: Innovative interpretations
The Court cites the ECJ Mangold case which appears to have horizontal direct effect also in relationships among private individuals in relation to non-discrimination