CELEX: 62011CN0141
Language: en
Date: 2011-03-21 00:00:00
Title: Case C-141/11: Reference for a preliminary ruling from the Södertörns Tingsrätt (Sweden) lodged on 21 March 2011 — Torsten Hörnfeldt v Posten Meddelande AB

21.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 152/16
            
         Reference for a preliminary ruling from the Södertörns Tingsrätt (Sweden) lodged on 21 March 2011 — Torsten Hörnfeldt v Posten Meddelande AB
   (Case C-141/11)
   2011/C 152/29
   Language of the case: Swedish
   
      Referring court
   
   Södertörns Tingsrätt
   
      Parties to the main proceedings
   
   
      Applicant: Karl Torsten Hörnfeldt
   
      Defendant: Posten Meddelande AB
   
      Questions referred
   
   The Tingsrätt asks the Court of Justice of the European Union to answer the following questions concerning the interpretation of the general principle of law on the prohibition of age discrimination and of Article 6 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation: (1)
   
   
               1.
            
            
               Can a national rule which, like the 67-year rule, gives rise to a difference of treatment on grounds of age be legitimate even if it is not possible to determine clearly from the context in which the rule has come into being or from other information what aim or purpose the rule is intended to serve?
            
         
               2.
            
            
               Does a national retirement provision such as the 67-year rule, to which there is no exception and which does not take account of factors such as the pension which an individual may ultimately receive, go beyond what is appropriate and necessary in order to achieve the aim pursued?
            
         
      (1)  OJ 2000 L 303, p. 16.