Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » Retirement at 65 non-discriminatory: EU Court

    Retirement at 65 non-discriminatory: EU Court

    npsBy nps21 October 2010Updated:30 July 2024 EU Law No Comments3 Mins Read
    — Filed under: Equality EU Law
    Share
    Facebook Twitter LinkedIn Pinterest Email
    Retirement at 65 non-discriminatory: EU Court

    Jobless

    By Leo Gasteen

    The European Court of Justice (ECJ) has ruled that Germany’s law on forced retirement at 65 is fair and does not go against the EU’s directive for equal treatment.

    In Germany, the Law on equal treatment (Allgemeines Gleichbehandlungsgesetz) provides that clauses on automatic termination of employment contracts on the ground that an employee has reached retirement age may escape the prohibition on discrimination on grounds of age. Under the German legislation, the power to adopt such clauses may be entrusted to the social partners and implemented by a collective agreement.

    The ECJ found, first, that a clause on automatic termination of an employment contract on the ground that an employee is eligible to retire creates a difference of treatment based directly on age.

    In regards to the aspect of difference of treatment, the ECJ considered that such a measure does not establish a regime of compulsory retirement but allows employers and employees to agree, by individual or collective agreements, on a means, other than resignation or dismissal, of ending employment relationships on the basis of the age of eligibility for a retirement pension.

    As regards the aim of the legislation at issue, the ECJ observed  that the mechanism is based on the balance to be struck between political, economic, social, demographic and/or budgetary considerations and the choice to be made between prolonging people’s working lives or, conversely, providing for their early retirement.

    The ECJ concluded that such clauses on automatic termination have been part of the employment law of many Member States for a long time and are in widespread use in employment relationships. By guaranteeing workers a certain stability of employment and, in the long term, the promise of foreseeable retirement, while offering employers a certain flexibility in the management of their staff, the clause on automatic termination of employment contracts is thus the reflection of a balance between diverging but legitimate interests, against a complex background of employment relationships closely linked to political choices in the area of retirement and employment. Those aims must, in principle, be considered to justify ‘objectively and reasonably’, ‘within the context of national law’, as provided in Directive 2000/78, a difference in treatment on the ground of age prescribed by Member States.

    Background

     Gisela Rosenbladt worked as a cleaner for 39 years. Her employment contract, in accordance with the collective agreement for the commercial cleaning sector, ends at the end of the calendar month in which she may claim a retirement pension, or, at the latest, at the end of the month in which she reaches the age of 65. When she reached the age of 65, which was retirement age, her employer gave her notice of the termination of her employment contract. Ms Rosenbladt brought an action before the Arbeitsgericht Hamburg (Hamburg Labor Court), claiming that the termination of her employment contract constituted discrimination on grounds of age.

    The referring court asked, essentially, whether the automatic termination of an employment contract at normal retirement age is consistent with the prohibition on discrimination on grounds of age laid down by Directive 2000/78/EC

     European Court of Justice – Justice and Application -Case C 45/09 Full  Text

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Justice - Photo by KATRIN BOLOVTSOVA on Pexels

    Brussels adopts December infringements of EU law

    Justice - Photo by KATRIN BOLOVTSOVA on Pexels

    November 2025 EU law infringements package: key decisions

    Academy of European Law logo

    Lawyer / Course Director in Data Protection and AI Law, Academy of European Law, ERA

    CCBE logo

    Legal Advisor, Council of Bars and Law Societies of Europe, CCBE

    EU deal on patent rules exception to ensure supply of critical products

    Legal Officer Competition – Competition and State Aid Directorate, EFTA Surveillance Authority, ESA

    Sponsor: EFTA Surveillance Authority (ESA)11 April 2025
    LATEST EU NEWS
    Oil tanker - Image by Erich Westendarp from Pixabay

    New EU mechanism to lower price cap for Russian crude oil to $44,10 per barrel

    15 January 2026
    Robot doctor - Image by Thomas Meier from Pixabay

    EU launches EUR 307m artificial intelligence and related technologies calls

    15 January 2026
    Valdis Dombrovskis - Photo © European Union 2026

    Brussels presents 2026–2027 financial support package for Ukraine

    14 January 2026
    Renewable energy - Image by Maria Maltseva from Pixabay

    Nearly 50pct EU electricity came from renewables in 2024

    14 January 2026
    Olives - Image by Marco Centenaro from Pixabay

    EU’s checks on olive oil need tightening up: auditors’ report

    14 January 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Privacy Policy
    • Terms
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?