Johann Odar v Baxter Deutschland GmbH.
Date: 2012-12-06
24. In that regard, it should be remembered at the outset that, according to the Court’s settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (see, inter alia, Joined Cases C-188/10 and C-189/10 Melki and Abdeli [2010] ECR I-5667, paragraph 27; Case C-599/10 SAG ELV Slovensko and Others [2012] ECR, paragraph 15; and Case C-378/10 VALE Építési [2012] ECR, paragraph 18).
34. According to the Court’s settled case-law, where they adopt measures which fall within the scope of Directive 2000/78, which gives specific expression, in the domain of employment and occupation, to the principle of non-discrimination on grounds of age, the social partners must respect the directive (Case C-447/09 Prigge and Others [2011] ECR I-8003, paragraph 48, and Case C-132/11 Tyrolean Airways Tiroler Luftfahrt [2012] ECR, paragraph 22).
42. That national provision is thus aimed at granting compensation for the future, protecting younger workers and facilitating their reintegration into employment, whilst taking account of the need to achieve a fair distribution of limited financial resources in a social plan.
43. Such objectives are capable of justifying, by way of derogation from the general rule prohibiting discrimination on grounds of age, differences in treatment relating, inter alia, to ‘the setting of special conditions on … employment and occupation, including dismissal and remuneration conditions, for young people [and] older workers … in order to promote their vocational integration or ensure their protection’ within the meaning of the second subparagraph of Article 6(1) of Directive 2000/78.
44. Moreover, the aim of preventing compensation on termination from being claimed by persons who are not seeking new employment but will receive a replacement income in the form of an occupational old-age pension must be considered to be legitimate (see, to that effect, Case C-499/08 Ingeniørforeningen i Danmark  [2010] ECR I-9343, paragraph 44).
47. It should be borne in mind that the Member States and, as necessary, the social partners at national level have broad discretion in choosing not only to pursue a particular aim in the field of social and employment policy, but also in defining measures to implement it (see, to that effect, Case C-141/11 Hörnfeldt  [2012] ECR, paragraph 32).
53. In the light of the assessment made by the referring court, it must be observed that Paragraph 6(1)(1.5) of the CSP is the result of an agreement negotiated between employees’ and employers’ representatives exercising their right to bargain collectively which is recognised as a fundamental right. The fact that the task of striking a balance between their respective interests is entrusted to the social partners offers considerable flexibility, as each of the parties may, where appropriate, opt not to adopt the agreement (see, to that effect, Case C-45/09 Rosenbladt [2010] ECR I-9391, paragraph 67).
61. It must be noted that workers in age brackets approaching retirement are in a situation comparable to that of other workers concerned by the social plan, since their employment relationship with their employer ends for the same reason and in the same circumstances.
62. The advantage granted to severely disabled workers consisting in entitlement to claim a retirement pension as from three years earlier than non-disabled workers does not place them in a different situation in relation to those workers.
65. In order to examine whether Paragraph 6(1)(1.5) of the CSP, read in conjunction with Paragraph 7(7.2) of the SSP, goes beyond what is necessary to achieve the aims pursued, it is necessary to place the provision in the context of which it forms a part and to consider the adverse effects it is liable to cause for the workers concerned.
67. That line of reasoning cannot be upheld, however. Firstly, there is discrimination based on disability when the disputed measure is not justified by objective factors unrelated to such discrimination (see, by analogy, Case C-226/98 Jørgensen [2000] ECR I-2447, paragraph 29; Joined Cases  C-4/02 and C-5/02 Schönheit and Becker  [2003] ECR I-12575, paragraph 67; and Case C-313/02 Wippel [2004] ECR I-9483, paragraph 43). Moreover, such a line of reasoning, if accepted, would undermine the effectiveness of the national provisions providing for that advantage, the rationale for which is generally to take account of the specific difficulties and risks faced by severely disabled workers.
68. It thus appears that management and the workers, in pursuing the legitimate objective of a fair distribution of limited financial resources allocated to a social plan which is proportionate to the needs of the workers concerned, omitted to take account of relevant factors affecting, in particular, severely disabled workers.
69. They disregarded the risks faced by severely disabled people, who generally face greater difficulties in finding new employment, as well as the fact that those risks tend to become exacerbated as they approach retirement age. Severely disabled people have specific needs stemming both from the protection their condition requires and from the need to anticipate possible worsening of their condition. As observed by the Advocate General in point 68 of her Opinion, regard must be had to the risk that disabled workers may throughout their lives have financial requirements arising from their disability which cannot be adjusted and/or that, with advancing age, those financial requirements may increase.