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Analysis of key international cases
International
International studies/reports
Analysis of key international cases
Analysis of key international cases
Kücükdeveci v Swedex (ECJ decision)
19 January 2010
Subjects
Justification; Recruitment; International case
A German law restricting the minimum periods of notice for those aged under 25 was found to be discriminatory and unjustified. The ECJ also gave further definition to the ruling in Mangold -v- Helm.
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Wolf v Stadt Frankfurt am Main (ECJ decision)
12 January 2010
Subjects
Justification; Recruitment; International case
The ECJ has given their judgement on a German law restricting applications to the fire service to those under 30.
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Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe
12 January 2010
Subjects
Justification; Retirement; International case
The ECJ has given their judgement on a German law setting a maximum age limit of 68 for dentists to be accredited to work in the German national health service.
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Kücükdeveci v Swedex (Advocate-General opinion)
23 November 2009
Subjects
Justification; International case; Dismissal
The Advocate General has given an opinion that a German law setting down minimum periods of notice, but which excludes all time worked before the age of 25, is incompatible with EU law.
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Wolf v Stadt Frankfurt am Main (Advocate-General opinion)
08 September 2009
Subjects
Recruitment; International case
The Advocate-General has given an opinion on a German law restricting applications to the fire service to those under 30.
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Hütter v Technische Universität Graz
18 June 2009
Subjects
Justification; Pay and benefits; International case
The ECJ rule that an Austrian law which mandated lower pay for younger civil servants not proportionate and therefore not justified under the Framework Directive.
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Birgit Bartsch v Bosch and Siemens Hausgerate Altersfursorge GmbH
07 November 2008
Subjects
Pensions; International case
Source
(Lewis Silkin LLP)
German survivor's pension claim rejected
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Palacios de la Villa v Cortefiel Servicios SA
30 September 2008
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
The European Court of Justice has decided that national laws on compulsory retirement at a particular age must be justified in order to be lawful.
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Birgit Bartsch v Bosch and Siemens Hausgerate Altersfursorge GmbH
29 September 2008
Subject
International case
The EU directive covering age discrimination cannot be relied on to challenge a domestic law where the act complained of pre-dated the deadline for implementing the directive and the measure attacked was not introduced to implement an EU law.
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Cadman v Health and Safety Executive
03 October 2006
Subjects
Justification; Pay and benefits; International case; Indirect Discrimination
Source
(Lewis Silkin LLP)
In general, employers do not need specifically to justify using length of service to calculate pay, according to the ECJ in Cadman v Health and Safety Executive.
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