A collective retirement age, the employment relationship "automatically" at the age of 65 Age ended, is effective. This is clear from both. § 14 para 1 sentence 2 No. 6 TzBfG .. as well as from § 10 AGG
The case:
The applicant was employed by the Hamburg High Bahn AG. On the employment relationship of the collective agreement of the Hamburg High Railways application, is governed by inter alia, that the working conditions at the age of 65 Life year end. The plaintiff requested the defendant to work on the 65th Beyond the age. He claimed that contrary to the collective age § 10 AGG.
The Labour Court upheld the action instead. On appeal the defendant raised the LAG to this decision and dismissed the action.
The reason:
The plaintiff against the defendant is not entitled to continued employment after age 65 Ans. The agreed age limit is in effect.
There is no diskrminierende ago, after the AGG unacceptable differentiation on grounds of age.
According to § 10 sentence 3 No. 5 AGG grds a different agreement. permitted, providing for the termination of employment without notice at a time when the employee can apply for a pension because of age. In general, a different treatment on grounds of age is admissible if it is objectively and reasonably justified by a legitimate aim. In addition, the means of achieving that aim must be appropriate and necessary.
§ 10 sentence 3 No. 5 AGG conformity with European law is a legal basis for contractual retirement age. These follow a regular labor market objectives, namely to promote the distribution of work between the generations and the reduction of unemployment. These objectives are in compliance with the rulings of the ECJ does not go beyond what is necessary to attain the objectives pursued. This is certainly the case if the wide margin of appreciation is taken into account, the Member States and social partners in the field of social and employment policy is available.
(LAG Hamburg, decision of 22/02/2011 AZ: 4 Sat 76/10)
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