CELEX: 62013CA0515
Language: en
Date: 2015-02-26 00:00:00
Title: Case C-515/13: Judgment of the Court (Seventh Chamber) of 26 February 2015 (request for a preliminary ruling from the Østre Landsret — Denmark) — Ingeniørforeningen i Danmark, acting on behalf of Poul Landin v Tekniq, acting on behalf of ENCO A/S — VVS (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Difference of treatment on grounds of age — National legislation providing for severance allowance to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension)

27.4.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/11
            
         Judgment of the Court (Seventh Chamber) of 26 February 2015 (request for a preliminary ruling from the Østre Landsret — Denmark) — Ingeniørforeningen i Danmark, acting on behalf of Poul Landin v Tekniq, acting on behalf of ENCO A/S — VVS
   (Case C-515/13) (1)
   
   ((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) and (2)(a) - Article 6(1) - Difference of treatment on grounds of age - National legislation providing for severance allowance to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension))
   (2015/C 138/13)
   Language of the case: Danish
   
      Referring court
   
   Østre Landsret
   
      Parties to the main proceedings
   
   
      Applicant: Ingeniørforeningen i Danmark, acting on behalf of Poul Landin
   
      Defendant: Tekniq, acting on behalf of ENCO A/S — VVS
   
      Operative part of the judgment
   
   Article 2(1) and (2)(a) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that they do not preclude national legislation, such as the legislation at issue in the main proceedings, from providing that an employer must, upon termination of the employment relationship of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, pay an amount equivalent to one, two or three months’ salary respectively, unless the salaried employee is entitled to receive a State retirement pension upon termination of employment to the extent that that legislation is both objectively and reasonably justified by a legitimate aim relating to employment and labour market policy as well as constituting an appropriate and necessary means of achieving that aim. It is for the national court to satisfy itself that this is the case.
   
      (1)  OJ C 359, 7.12.2013.