CELEX: C2007/297/09
Language: en
Date: 2007-12-08 00:00:00
Title: Case C-411/05: Judgment of the Court (Grand Chamber) of 16 October 2007 (reference for a preliminary ruling from the Juzgado de lo Social de Madrid — Spain) — Félix Palacios de la Villa v Cortefiel Servicios SA (Directive 2000/78/EC — Equal treatment in employment and occupation — Scope — Collective agreement providing for automatic termination of employment relationship where a worker has reached 65 years of age and is entitled to a retirement pension — Age discrimination — Justification)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/6
            
         Judgment of the Court (Grand Chamber) of 16 October 2007 (reference for a preliminary ruling from the Juzgado de lo Social de Madrid — Spain) — Félix Palacios de la Villa v Cortefiel Servicios SA
   (Case C-411/05) (1)
   
   (Directive 2000/78/EC - Equal treatment in employment and occupation - Scope - Collective agreement providing for automatic termination of employment relationship where a worker has reached 65 years of age and is entitled to a retirement pension - Age discrimination - Justification)
   (2007/C 297/09)
   Language of the case: Spanish
   Referring court
   Juzgado de lo Social de Madrid
   Parties to the main proceedings
   
      Applicant: Félix Palacios de la Villa
   
      Defendant: Cortefiel Servicios SA
   Re:
   Reference for a preliminary ruling — Juzgado de lo Social de Madrid — Interpretation of Art. 2(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 transposing the directive which include a transitional provision whereby compulsory retirement clauses not justified by employment policy objectives but contained in collective agreements are deemed valid.
   Operative part of the judgment
   The prohibition on any discrimination on grounds of age, as implemented by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, must be interpreted as not precluding national legislation such as that at issue in the main proceedings, pursuant to which compulsory retirement clauses contained in collective agreements are lawful where such clauses provide as sole requirements that workers must have reached retirement age, set at 65 by national law, and must have fulfilled the conditions set out in the social security legislation for entitlement to a retirement pension under their contribution regime, where
   
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               the measure, although based on age, is objectively and reasonably justified in the context of national law by a legitimate aim relating to employment policy and the labour market, and
            
         
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               the means put in place to achieve that aim of public interest do not appear to be inappropriate and unnecessary for the purpose.
            
         
      (1)  OJ C 36, 11.2.2006.