Equal Treatment Directive | age
discrimination | compulsory retirement
The European Court of Justice (ECJ)
has given its judgment that the Equal Treatment Directive (2000/78/EC) does not
preclude a Spanish law permitting clauses in collective agreements
that allow employees to be compulsorily retired when they reach a specified
age.
The ECJ did not, however, follow the same reasoning as the
Advocate-General, who said in his Opinion that an obligation on an employee to
retire when he or she reaches a certain age is outside the scope of the
Directive, since recital 14 in the preamble states 'this Directive shall be
without prejudice to national provisions laying down retirement ages'. |
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