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ECJ considers justification of compulsory retirement at 65 in German context

This report relates to 1 case(s)

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    Fuchs and another v Land Hessen [2011] IRLR 1043 ECJ (0 other reports)

age discrimination | compulsory retirement | justification

The European Court of Justice (ECJ) has held that German legislation that requires civil servants to retire at 65 can be justified if "appropriate and necessary" means are used to achieve the aim of balancing the employment levels of young and older civil servants to encourage the recruitment and promotion of young people. It also stressed that budgetary considerations cannot by themselves constitute a legitimate aim in relation to a member state's social policy.