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Home > Expert's Comments > ECJ Gives Guidance on Justifying Compulsory Retirement
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Posted 29th July 2011 at 14:42pm by David Reid:

ECJ Gives Guidance on Justifying Compulsory Retirement

Update 95 - A new decision of the European Court of Justice (Fuchs V Land Hessen) has given some useful guidance on what might amount to ‘justification’ under the EU Framework Directive on Equal Treatment.

The court has decided that a provision of German law stipulating a retirement age of 65 for permanent civil servant prosecutors did not breach the Directive. It found that the aims of establishing a balanced age structure, encouraging the recruitment and promotion of young people and avoiding performance disputes with older workers, were legitimate social policy aims being pursued by appropriate means.

While any decision in this developing area is welcome the sorts of aims being pursued by the German state have all previously been held to be potentially justifiable. 

ECJ Gives Guidance on Justifying Compulsory Retirement
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ECJ Gives Guidance on Justifying Compulsory Retirement - Expert Comments

Update 94 Expert Comments  - Regular readers of our updates will know that (subject to transitional arrangements where the process started prior to 6 April this year) it is no longer possible for UK employers to compulsorily retire employees at a particular age unless they are able to establish an ‘employer-justified’ retirement age.



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