Case C-141/11

Torsten Hörnfeldt

v

Posten Meddelande AB

(Reference for a preliminary ruling from the Södertörns tingsrätt)

‛Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension’

Summary of the Judgment

Social policy — Equal treatment in employment and occupation — Directive 2000/78 — Prohibition of discrimination on grounds of age — Different treatment objectively justified — National legislation providing for automatic termination, without dismissal of the worker, of the employment relationship at the end of the month in which the employee reaches the age of 67 — Lack of precision as to the objective of that legislation — No effect on the justification for such a measure — Account taken of general criteria related to employment policy and labour market policy — Admissibility and proportionality of such legislation (Council Directive 2000/78, Art. 6(1), first para.) Social policy — Equal treatment in employment and occupation — Directive 2000/78 — Prohibition of discrimination on grounds of age — National legislation providing for automatic termination, without dismissal of the worker, of the employment relationship at the end of the month in which the employee reaches the age of 67 — Grant of an unconditional right to work until that age — Failure to take account of the amount of the retirement pension — Lawfulness (Council Directive 2000/78, Art. 6(1) second para.)

See the text of the decision. (see paras 24-30, 32, 37-46) The second subparagraph of Article 6(1) of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding a national measure which allows an employer to terminate an employee’s employment contract on the sole ground that the employee has reached the age of 67 and which does not take account of the level of the retirement pension which the person concerned will receive, as that measure is objectively and reasonably justified by a legitimate aim relating to employment policy and labour-market policy and constitutes an appropriate and necessary means by which to achieve that aim. (see paras 42, 47, operative part)

Case C-141/11

Torsten Hörnfeldt

v

Posten Meddelande AB

(Reference for a preliminary ruling from the Södertörns tingsrätt)

‛Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension’

Summary of the Judgment

Social policy — Equal treatment in employment and occupation — Directive 2000/78 — Prohibition of discrimination on grounds of age — Different treatment objectively justified — National legislation providing for automatic termination, without dismissal of the worker, of the employment relationship at the end of the month in which the employee reaches the age of 67 — Lack of precision as to the objective of that legislation — No effect on the justification for such a measure — Account taken of general criteria related to employment policy and labour market policy — Admissibility and proportionality of such legislation (Council Directive 2000/78, Art. 6(1), first para.) Social policy — Equal treatment in employment and occupation — Directive 2000/78 — Prohibition of discrimination on grounds of age — National legislation providing for automatic termination, without dismissal of the worker, of the employment relationship at the end of the month in which the employee reaches the age of 67 — Grant of an unconditional right to work until that age — Failure to take account of the amount of the retirement pension — Lawfulness (Council Directive 2000/78, Art. 6(1) second para.)