CELEX: 62012CA0286
Language: en
Date: 2012-11-06 00:00:00
Title: Case C-286/12: Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period)

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/22
            
         Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary
   (Case C-286/12) (1)
   
   (Failure of a Member State to fulfil obligations - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Articles 2 and 6(1) - National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 - Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 - Proportionality of the duration of the transitional period)
   2013/C 9/35
   Language of the case: Hungarian
   
      Parties
   
   
      Applicant: European Commission (represented by: J. Enegren and K. Talabér-Ritz, Agents)
   
      Defendant: Hungary (represented by: M.Z. Fehér, Agent)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Breach of Articles 2 and 6(1) 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 rules requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Lack of legitimate objectives justifying that difference in treatment as compared with workers under the age of 62 — Disproportionate nature of the transitional period (one year)
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by adopting a national scheme requiring compulsory retirement of judges, prosecutors and notaries when they reach the age of 62 — which gives rise to a difference in treatment on grounds of age which is not proportionate as regards the objectives pursued —, Hungary has failed to fulfil its obligations under Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
            
         
               2.
            
            
               Orders Hungary to pay the costs.
            
         
      (1)  OJ C 217, 21.7.2012.