Justice of the European Union
PRESS RELEASE No 103/10
Luxembourg, 12 October 2010
Public Information
Judgement in Case C-45/09:
Rosenbladt / Oellerking Gebäudereinigungsges. mbH
The automatic termination of employment on reaching the retirement age of employees is not necessarily discriminatory
results in Germany under the General Equal Treatment Act, that the terms under which an employment contract ends automatically when the worker reaches retirement age, the prohibition of discrimination can be withdrawn on grounds of age. Under German law it is allowed the social partners to introduce such clauses in collective agreements.
Rosenbladt woman was professionally for 39 years with activities Cleaning is concerned. Your employment ends, in accordance with the applicable collective agreement for the building cleaning industry at the end of the calendar month in which she is entitled to a retirement pension, latest by the end of the calendar month in which they turn 65 Years of age. As a woman Rosenbladt reached the retirement age of 65, she was informed by their employer that their employment relationship to end. Against this, Mrs Rosenbladt action before the Labour Court Hamburg, which has asked the Court for its ruling. It claims that the termination of their employment discrimination on grounds of age.
The national court asks essentially whether the automatic termination of employment at the legal retirement age against the 2000/78/EG1 in the Directive rules' ban on age discrimination violation. In today's ruling is
the Court first clarified that a clause to the employment relationship ends automatically when the worker reaches retirement age, one is immediately on the age-based discrimination. The Court then examined whether this difference in treatment can be regarded as justified.
is given by the Court ruled that such a clause is not mandatory in the entry is inserted into retirement, but that they have a kind and manner of termination of employment regardless, having reached the age of retirement has a notice to the content.
regard to the objective of the control target, the Court that the matter in question mechanism is based on a balance between political, economic, social, demographic and / or budgetary considerations and the decision depends, to extend the working lives of employees or On the contrary, provided their earlier retirement.
The Court pointed out that such provisions relating to the automatic termination of employment has long been part of the labor laws of many Member States and are widely common in the relations of working life. Since they give workers a certain stability of employment and long-term promise a predictable retirement, while delivering the employers some flexibility in their workforce planning, these clauses on the automatic termination of employment reflected a balance among conflicting, but legitimate
1 Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16).
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interests, into a complex context of relationships of working life and fits closely with policy decisions on retirement and employment. These objectives are generally considered to be those which can be a provided by the Member States appear unequal treatment because of age within the meaning of Directive 2000/78 as "objective and reasonable" and "in the context of national law" to justify.
to the Judgement of the Court states that it is therefore not unreasonable to assume if the authorities of a Member State or the social partners in this state that such clauses relating to the automatic termination of employment may be appropriate and necessary to this legitimate goals. The Court points out in that stop it in case of Ms Rosenbladt appropriate clause for a given not only to an age, but also takes into account the fact that the parties at the end of their career benefit to financial compensation by way of a retirement pension, and second, the employer is not entitled to unilaterally end the employment relationship. Moreover, opened the contractual basis, the opportunity to take advantage of this mechanism with considerable flexibility for use, so take into account the social partners, the overall situation of the labor market and the special characteristics of the jobs in can. The question German legislation also contains an additional restriction, since they employers are required to obtain the consent of employees to each clause or to have it confirmed, after ending the employment relationship automatically if the employee has reached an age at which it called pension can apply for, but this is under the normal retirement age. Finally, the Court stressed that under German law a person who wants to reach retirement age to continue an occupation, an occupation must not be denied for a reason related to their age.
The Court therefore concluded that Directive 2000/78 is a clause for automatic termination of employment on reaching the retirement age of employees, as provided in Germany under the collective agreement for the industrial workers in the cleaning, does not preclude.
NOTE: By way of a preliminary ruling may provide the courts of the Member States in a dispute brought before them, the Court questions of interpretation of Union law or the validity of an act of the Union. The Court does not decide the dispute itself. It is for the national court to rule on the case in accordance with the decision of the Court to decide. This Court's decision binds in the same way other national courts that are dealing with a similar problem.
Note: The full text of the Judgement can be found here .
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