# C_2013344EN.01001302.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/13 |
| --- | --- | --- | --- |

23.11.2013

EN

Official Journal of the European Union

C 344/13

---

Judgment of the Court (Second Chamber) of 26 September 2013 (request for a preliminary ruling from Højesteret — Denmark) — Dansk Jurist- og Økonomforbund, acting on behalf of Erik Toftgaard v Indenrigs- og Sundhedsministeriet

(Case C-546/11) (1)

1

(Equal treatment in employment and occupation - Prohibition of discrimination on grounds of age - Directive 2000/78/EC - Article 6(1) and (2) - Refusal to grant availability pay to civil servants who have reached the age of 65 and are entitled to a pension)

2013/C 344/21

Language of the case: Danish

Referring court

Referring court

Højesteret

Parties to the main proceedings

Parties to the main proceedings

Applicant: Dansk Jurist- og Økonomforbund, acting on behalf of Erik Toftgaard

Applicant:

Defendant: Indenrigs- og Sundhedsministeriet

Defendant:

Interveners: Centralorganisationernes Fællesudvalg (CFU), Kommunale Tjenestemænd og Overenskomstansatte (KTO), Personalestyrelsen, Kommunernes Landsforening (KL), Danske Regioner

Interveners:

Re:

Re:

Request for a preliminary ruling — Højesteret — Interpretation of Art. 6(1) and (2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — Fixing of age limits for access or entitlement to retirement or invalidity benefits under occupational social security schemes — Discrimination on grounds of age — National legislation providing, in the event that a worker’s post ceases to exist, for compensation up to the amount of his salary for three years or until he has reached retirement age — Retirement pension paid to a worker who has reached the age of 65 whose post has ceased to exist, irrespective of his entitlement to continue working after the age of 65

Operative part of the judgment

Operative part of the judgment

| 1. | Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as being applicable only to retirement or invalidity benefits under an occupational social security scheme. |
| --- | --- |

1.

Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as being applicable only to retirement or invalidity benefits under an occupational social security scheme.

| 2. | Articles 2 and 6(1) of Directive 2000/78 must be interpreted as precluding a national provision under which a civil servant who has reached the age at which he is able to receive a retirement pension is denied, solely for that reason, entitlement to availability pay intended for civil servants dismissed on grounds of redundancy. |
| --- | --- |

2.

Articles 2 and 6(1) of Directive 2000/78 must be interpreted as precluding a national provision under which a civil servant who has reached the age at which he is able to receive a retirement pension is denied, solely for that reason, entitlement to availability pay intended for civil servants dismissed on grounds of redundancy.

---

(1)  OJ C 13, 14.1.2012.

1

---