Facts. The German Civil Code provides
that notice periods vary with the workers’ seniority in the job but that the
periods completed before the employee reaches the age of 25 are not taken into
account for calculating the notice period. An employee, working since the age
of 18 in
the same company, went to court to have the discriminatory character
established for the Civil Code article that bans taking into account the seven
years she spent in the company before the age of 25. Indeed, pursuant to the
abovementioned Civil Code article, the employer calculated the notice period as
if the employee had three years’ length of service, although she had been in
his employment for 10 years. The district court gave the employee satisfaction.
The appeal court asked the ECJ to define whether this provision represented age
discrimination, prohibited by Community law, namely Directive 2000/78
establishing a general framework for equal treatment.
ment for 10 years. The district court gave the employee satisfaction.
The appeal court asked the ECJ to define whether this provision represented age
discrimination, prohibited by Community law, namely Directive 2000/78
establishing a general framework for equal treatment.
Unfair age
discrimination.
Rallying to the conclusions of its Advocate General (see
our dispatch No. 090710), the ECJ answered yes in a ruling rendered on
January 19. To evaluate the presence of discrimination, the judg
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