# C_2010063EN.01000401.xml

| 13.3.2010 | EN | Official Journal of the European Union | C 63/4 |
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13.3.2010

EN

Official Journal of the European Union

C 63/4

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Judgment of the Court (Grand Chamber) of 19 January 2010 (reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf — Germany) — Seda Kücükdeveci v Swedex GmbH & Co. KG

(Case C-555/07) (1)

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(Principle of non-discrimination on grounds of age - Directive 2000/78/EC - National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of 25 in calculating the notice period - Justification for the measure - National legislation contrary to the directive - Role of the national court)

2010/C 63/05

Language of the case: German

Referring court

Referring court

Landesarbeitsgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Applicant: Seda Kücükdeveci

Applicant:

Defendant: Swedex GmbH & Co. KG

Defendant:

Re:

Re:

Reference for a preliminary ruling — Landesarbeitsgericht Düsseldorf (Germany) — Interpretation of the principle of non-discrimination on the ground of age, and 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) — National legislation relating to dismissals establishing notice periods which increase with length of service but in which any period of employment before the employee reaches the age of 25 is disregarded

Operative part of the judgment

Operative part of the judgment

| 1. | European Union law, more particularly the principle of non-discrimination on grounds of age as given expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides that periods of employment completed by an employee before reaching the age of 25 are not taken into account in calculating the notice period for dismissal. |
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1.

European Union law, more particularly the principle of non-discrimination on grounds of age as given expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides that periods of employment completed by an employee before reaching the age of 25 are not taken into account in calculating the notice period for dismissal.

| 2. | It is for the national court, hearing proceedings between individuals, to ensure that the principle of non-discrimination on grounds of age, as given expression in Directive 2000/78, is complied with, disapplying if need be any contrary provision of national legislation, independently of whether it makes use of its entitlement, in the cases referred to in the second paragraph of Article 267 TFEU, to ask the Court of Justice of the European Union for a preliminary ruling on the interpretation of that principle. |
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2.

It is for the national court, hearing proceedings between individuals, to ensure that the principle of non-discrimination on grounds of age, as given expression in Directive 2000/78, is complied with, disapplying if need be any contrary provision of national legislation, independently of whether it makes use of its entitlement, in the cases referred to in the second paragraph of Article 267 TFEU, to ask the Court of Justice of the European Union for a preliminary ruling on the interpretation of that principle.

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(1)  OJ C 79, 29.3.2008.

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