CELEX: 62019CA0914
Language: en
Date: 2021-06-03 00:00:00
Title: Case C-914/19: Judgment of the Court (Second Chamber) of 3 June 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero della Giustizia v GN (Reference for a preliminary ruling — Social policy — Principle of equal treatment in employment and occupation — Directive 2000/78/EC — Article 6(1) — Charter of Fundamental Rights of the European Union — Article 21 — Prohibition of all discrimination on the basis of age — National legislation setting 50 years of age as the age limit for access to the profession of notary — Justification)

19.7.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 289/11
            
         
      Judgment of the Court (Second Chamber) of 3 June 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero della Giustizia v GN
      (Case C-914/19) (1)
      
      (Reference for a preliminary ruling - Social policy - Principle of equal treatment in employment and occupation - Directive 2000/78/EC - Article 6(1) - Charter of Fundamental Rights of the European Union - Article 21 - Prohibition of all discrimination on the basis of age - National legislation setting 50 years of age as the age limit for access to the profession of notary - Justification)
      (2021/C 289/14)
      Language of the case: Italian
      
         Referring court
      
      Consiglio di Stato
      
         Parties to the main proceedings
      
      
         Appellant: Ministero della Giustizia
      
         Respondent: GN
      
         Intervening parties: HM, JL, JJ
      
         Operative part of the judgment
      
      Article 21 of the Charter of Fundamental Rights of the European Union 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 precluding national legislation which sets 50 years of age as the age limit for participation in the competition for access to the profession of notary, in so far as such legislation does not appear to pursue the aims of ensuring that that profession is practised in a stable manner for a significant period before retirement, of safeguarding the proper functioning of notarial privileges and of facilitating the natural turnover and rejuvenation of that profession and, in any event, goes beyond what is necessary to achieve those aims, which is a matter for the referring court to determine.
      
         (1)  OJ C 87, 16.3.2020.