Opinion of the Advocate General — ECLI:EU:C:2009:429
Date: 2009-07-07
Language of the case: German
Subject matter: Principles, objectives and tasks of the Treaties;Social Policy;Anti-discrimination
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Social policy – Equal treatment in employment and occupation – Directive 2000/78 – Prohibition of discrimination on grounds of age (Council Directive 2000/78) 2. Community law – Principles – Equal treatment – Discrimination on grounds of age – Prohibition – Duty of national courts 1. European Union law, more particularly the principle of non-discrimination on grounds of age as given expression by Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, must be interpreted as precluding national legislation 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. (see para. 43, operative part 1) 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 establishing a general framework for equal treatment in employment and occupation, 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. The optional nature of such a reference is not affected by the procedural conditions of national law under which a court may disapply a national provision which it considers to be contrary to the constitution. (see paras 55-56, operative part 2)