Equal treatment: Exclusion from part-time working scheme at pension age contrary to principle of equal treatment
This report relates to 1 case(s)
Kutz-Bauer v Freie und Hansestadt Hamburg  IRLR 368 ECJ (1 other report)
- In Kutz-Bauer v Freie und Hansestadt Hamburg  IRLR 368 the ECJ holds that articles 2(1) and 5(1) of the Equal Treatment Directive (No.76/207/EC) must be interpreted to mean that provisions of a collective agreement applicable to the public service, which denies women entry to a part-time working scheme at age 60 due to their eligibility for an old-age pension (while men are not so eligible until age 65) are precluded, unless they can be objectively justified by objective criteria not related to any discrimination on grounds of sex.
- Where such provisions are found by a national court to be in breach of the Equal Treatment Directive, the national court is required to set aside the offending provisions, without waiting for them to be amended either by legislation or other means.