The Court ruled that the compulsory retirement clauses contained in collective agreements established a difference of treatment on grounds of age, but that they are justified by the legitimate aim of "promoting better access to employment, by means of better distribution of work between the generations". (Ref. 070856)
Spanish law enables social partners to include, in collective agreements, clauses of compulsory retirement of workers who contributed enough to be entitled to full pension. On the occasion of a national litigation, the Spanish jurisdiction asked the CJEC if this type of arrangement was in keeping with the principle of equality of treatment, expressed in Article 13 of the Treaty and in the 2000/78 establishing a general framework for equal treatment in employment and occupation.
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