Opinion of the Advocate General — ECLI:EU:C:2010:532
Date: 2010-09-16
Language of the case: German
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Directive 76/207 – National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension (Council Directive 76/207, Art. 3(1)(c)) Article 3(1)(c) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, as amended by Directive 2002/73, must be interpreted as meaning that national rules which, in order to promote access of younger persons to employment, permit an employer to dismiss employees who have acquired the right to draw their retirement pension, when that right is acquired by women at an age five years younger than the age at which it is acquired by men, constitute direct discrimination on the grounds of sex prohibited by that directive. (see para. 46, operative part)