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Equal treatment: Exclusion from part-time working scheme at pension age contrary to principle of equal treatment

This report relates to 1 case(s)

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    Kutz-Bauer v Freie und Hansestadt Hamburg [2003] IRLR 368 ECJ (1 other report)

    • ECJ case law round-up

      1 December 2003

      In our latest round-up of cases from the European Court of Justice (ECJ), we look at cases on the application of the principle of equal treatment in a variety of contexts - pregnancy-related sex discrimination, the exclusion of women from compulsory national service in Germany, the requirements laid down by the EC on the training of general medical practitioners and the alleged discriminatory effects of a scheme for part-time working aimed at older public sector workers.

Key Points

  • In Kutz-Bauer v Freie und Hansestadt Hamburg [2003] 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.