Großbritannien - 22.11.2005 - von EU
Reporting mechanism on cases of age discrimination
Mécanisme de rapportage sur les cas de discrimination a l’age
Country / Pays: Germany
Body / Autorité: European Court of Justice
Case / Jugement: Case C-144/04: Reference for a preliminary ruling by the Arbeitsgericht München, by judgment of that court of 26 February 2004 in the case of Werner Mangold against Rüdiger Helm.
Anti-discrimination – Prelimary question about article 6 of the Employment Directive referred to the European Court of Justice
A Muenchener Labour Court asked a preliminary question to the European Court of Justice in the case of Werner Mangold against Rüdiger Helm.
In Germany, the employment protection for older workers aged 52 and over has been reduced to a lower level of employment protection than for younger employees.
This measure was introduced to lower the threshold for employers to hire older employees by
making the firing-procedure much easier. A German older employee Werner Mangold objected to this measure and considered this to be discriminatory against older
He asked the Labour Court in question to refer the following question to the European Court of Justice: ‘Is Article 6 of the Employment Directive to be interpreted as precluding a provision of national law under which – like under the provision at issue in this case – fixed-term employment contracts may be terminated, without any objective
reason, with workers aged 52 and over, thus running counter to the principle of justification on objective grounds?’
Comments from ECJ Attorney General
The German federal government tried to promote part-time work by voting a law that makes it easier to fire older workers. With this law, older job seekers can receive labour contracts for a definite period of time or can be moved into part-time work.
The Attorney General made it clear that this law goes against the principles of the European Employment Directive. He also questions the proportionality of this policy measure to exclude people from employment protection in their search for employment.
He also referred to the constitutional principle that all are equal before the law.
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