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Analysis of key international cases
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International studies/reports
Analysis of key international cases
INTERNATIONAL AGE DISCRIMINATION CASES
Reinhard Prigge, Michael Fromm and Volker Lambach v Deutsche Lufthansa AG (ECJ decision)
13 September 2011
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
The ECJ has held that a collective agreement prohibiting airline pilots from working after the age of 60 is incompatible with EU law and constitutes age discrimination.
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Hennigs v Eisenbahn-Bundesamt and Land Berlin v Mai (CJEU decisions)
08 September 2011
Subjects
Justification; Pay and benefits; International case
Source
(Lewis Silkin LLP)
In these joined decisions, the CJEU has held that a term in a collective agreement which provides that the pay of a public sector employee is determined by reference to their age is unlawful.
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Fuchs and anor v Land Hessen (ECJ decision)
21 July 2011
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
This ECJ decision appears to suggest that costs alone will not be sufficient to justify discrimination
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Talbot v Sperling Tourism & Investments Pty Limited (formerly Mount 'N' Beach Safaris Pty Limited) (Australian decision)
03 May 2011
Subject
International case
Source
(Mondaq)
Age discrimination: Is 75 too old to drive a bus?
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Georgiev v Tehnicheski universitet - Sofia
18 November 2010
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
The ECJ rules that a default retirement provision in the Bulgarian Labour Code may be justified.
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Rosenbladt v Ollerking Gebaudereinigungsges.mbH
12 October 2010
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
The ECJ has held that a German law allowing compulsory retirement at 65 (state pension age) was justified age discrimination.
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Andersen v Region Syddanmark
12 October 2010
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
The ECJ rules that a Danish law providing for severance payments for employees, but which excluded those who had attained pension age, constituted direct age discrimination which could not be justified.
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Kücükdeveci v Swedex (ECJ decision)
19 January 2010
Subjects
Justification; Recruitment; International case
Source
(Lewis Silkin LLP)
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
Source
(Lewis Silkin LLP)
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
Source
(Lewis Silkin LLP)
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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