LATEST AGE DISCRIMINATION CASES — age discrimination
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ECJ
In a surprising decision, the European Court of Justice has ruled that two-tier pay scales for Irish teachers are not discriminatory on age grounds.
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The ECJ has held that EU law setting an age limit of 65 years old for pilots was not age discriminatory and was justified.
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Italian law requires “on call contracts” (zero hours contracts) to be subject to objective conditions, unless the worker is either under 25 years of age or over 45 years of age. This case considered whether this law is age discriminatory.
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The ECJ has ruled that a police force was justified in setting an age limit of 35 years old for new recruits.
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Was it age discrimination for a Finnish law to tax pension income at a higher rate than earned income?
The ECJ says that a national court must disapply principles of national law that conflict with the general principle of EU law prohibiting age discrimination, and cannot prioritise principles of legal certainty or legitimate expectations instead.
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The ECJ rules that it was not discrimination to withhold a 10% termination payment to a “young person” but make that payment to older persons.
The ECJ has ruled on a German pay scheme where those over 35 years of age received greater pay compared to younger colleagues.
The ECJ has found Austrian civil service pension law to be objectively justified.
The ECJ rules that an age limit of 30 for recruits as local police officers in Spain was unjustified age discrimination.
A pay scheme for Austrian civil servants which was amended because of age discrimination, was still age discriminatory.
ECJ rules transitional pay arrangement that retained age based pay awards was justified.
Danish law which gave 3 years pay to civil servants, but not those of pensionable age, was age discrimination.
Pension scheme that paid more to older people could be justified
A provision which reduced compensation for workers aged over 54 by taking into account the earliest date from which they could receive a state pension, was not unlawful age discrimination.
Hungarian law allowing retirement of judges, prosecutors and notaries at age 70 was not justified and was unlawful age discrimination.
The ECJ says that a retirement age of 67 in Sweden was justified.
The ECJ held that a collective agreement which fails to take into account professional experience acquired with another airline company in the same group does not constitute age discrimination.
ECJ says Hungarian law reducing the retirement age for judges, prosecutors and notaries was not justified.
ECJ says Hungarian law reducing the retirement age for judges, prosecutors and notaries was not justified.