OLG Frankfurt: Age limit for notaries and notaries is not contrary to the Basic Law nor AGG The statutory regulation of Bundesnotorordnung (BNotO), according to the Lawyers and Notaries of 70 years divorced from office by operation of law (§ § 47, BNotO 48 a) is lawful in the opinion of the Higher Regional Court of Frankfurt am Main.
The Court considers that violates the rules do not violate the Constitution or against European law. For it was not age discrimination, but serves the purpose, a higher age structure for the notary profession respected.
The court pointed to the action of a notary. The applicant had appealed against the fact that he had to give up on reaching the age of 70 years in office. He feels can still work 100 percent. Therefore, the scheme was discriminatory.
other hand, said the crucial Senate, the Constitutional Court had decided a long time that there would be at the notary profession, unlike a lawyer and a lawyer, a öffemtliches interest to an age limit, as the office of high responsibility for the legal interests of other was linked to significant value . (Federal Constitutional Court, Appeal ruling from 30 January 2008 1BvR 76/08). Moreover, Lawyers and notaries are still privileged, as their age limit would exceed the statutory retirement age.
It is irrelevant to the "individual frailty" the notary. Significant point is that involved with the age limit, the younger generations in the distribution of the offices were, and so a continuous supply of the population was guaranteed.
(OLG Frankfurt, Judgement of 07/10/2010, 2 Not/8/10).
