AGE DISCRIMINATION : ECJ CLARIFIES RULES ON DIFFERENCE OF TREATMENT BASED ON AGE.

PositionEuropean Court of Justice

The EU's blanket ban on discriminationaon grounds of age in the field of employment and occupation, provided for in Directive 2000/78, "does not preclude national measures which are necessary for the protection of health," says a ruling by the EU Court of Justice delivered on 12 January(1). Such national measures are "not discrimination" and therefore "not prohibited".

According to the court, it is thus legal for an EU member state to set a maximum recruitment age of 30 for firefighters who are directly involved in fighting fires. Similarly, a member state may decide to set a forced retirement age of 68 for dentists whose patients can get the...

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