# CE2004084EN.01018201.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/182 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/182

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(2004/C 84 E/0222)

WRITTEN QUESTION E-0250/04

by Christopher Heaton-Harris (PPE-DE) to the Commission

(3 February 2004)

Subject:   Retirement age of football referees

Subject:

Pierluigi Collina is the best football referee in the world and has been voted the game's best official six times. Yet in 2005 he will no longer be able to referee, as 45 is the official retirement age for his profession in Italy. Other Member States also have a retirement age of 45 for football referees.

Would the Commission agree that this rule constitutes age discrimination under EU law?

Would the Commission also agree that this rule is in breach of EU employment laws?

Answer given by Mrs Wallström on behalf of the Commission

(4 March 2004)

(4 March 2004)

According to the information given by the Honourable Member, the Commission is unable to give an opinion on this particular case since:

| — | The rule seems to be applied to all categories of referees and it is necessary to know whether it is a genuine sport rule. This economic impact is indeed required to justify the applicability of Community rules (1); |
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The rule seems to be applied to all categories of referees and it is necessary to know whether it is a genuine sport rule. This economic impact is indeed required to justify the applicability of Community rules (1);

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| — | There is no evidence about the possible arguments used by sports organizations to justify the establishment of such an age limit. |
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There is no evidence about the possible arguments used by sports organizations to justify the establishment of such an age limit.

The Commission can therefore only recall that Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2) prohibits discrimination in employment on grounds of, ‘inter alia’, age and must be transposed into national law by 2 December 2003. In addition, Member States may, if necessary, have an additional period of three years from 2 December 2003 to implement the provisions of the Directive on age and disability discrimination. Belgium, Germany, the Netherlands, Sweden and the United Kingdom have informed the Commission that they will use this additional three years, and Denmark one extra year. Italy has transposed Directive 2000/78/EC by Decree No 216 of 13 August 2003, which entered into force on 28 August 2003. As Italy has transposed the Directive, individual complaints of discrimination should be made under the national law before the national courts.

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Furthermore, the Commission recalls that Article 6 of the Directive allows for the justification of differences of treatment on the grounds of age in certain circumstances, as long as this is objectively justified by a legitimate aim, and the means of achieving that aim are proportionate and necessary. The use of fixed age limits could only be used where they were objectively and reasonably justified by a legitimate aim.

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(1)  Joint cases ‘Deliège’ C-51/96 and C-191/97.

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(2)  OJ L 303, 2.12.2000.

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