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Case Law C-388/07 (05/03/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 03/05/2009

Subject: Ruling on the national legislation implementing the Directive that prohibits discrimination on the grounds of age regarding employment and occupation, the Court affirmed that the aims which may be considered ‘legitimate’, and, consequently, appropriate for the purposes of justifying derogation from the principle prohibiting discrimination on the grounds of age, are social policy objectives, such as those related to employment policy, the labour market or vocational training. Considering their public interest nature, those legitimate aims are distinguishable from purely individual reasons particular to the employer’s situation, such as cost reduction or improving competitiveness. The Court concluded that it is for the national court to ascertain, first, whether the national legislation reflected such a legitimate aim and, second, whether the means chosen were appropriate and necessary to achieve it.

Parties: Incorporated Trustees of the National Council on Ageing (Age Concern England) c/ Secretary of State for Business, Enterprise and Regulatory Reform

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

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