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Document 62012CA0286
Case C-286/12: Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period)
Case C-286/12: Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period)
Case C-286/12: Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period)
OJ C 9, 12.1.2013, p. 22–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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12.1.2013 |
EN |
Official Journal of the European Union |
C 9/22 |
Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary
(Case C-286/12) (1)
(Failure of a Member State to fulfil obligations - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Articles 2 and 6(1) - National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 - Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 - Proportionality of the duration of the transitional period)
2013/C 9/35
Language of the case: Hungarian
Parties
Applicant: European Commission (represented by: J. Enegren and K. Talabér-Ritz, Agents)
Defendant: Hungary (represented by: M.Z. Fehér, Agent)
Re:
Failure of a Member State to fulfil obligations — Breach of Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — National rules requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Lack of legitimate objectives justifying that difference in treatment as compared with workers under the age of 62 — Disproportionate nature of the transitional period (one year)
Operative part of the judgment
The Court:
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1. |
Declares that, by adopting a national scheme requiring compulsory retirement of judges, prosecutors and notaries when they reach the age of 62 — which gives rise to a difference in treatment on grounds of age which is not proportionate as regards the objectives pursued —, Hungary has failed to fulfil its obligations under Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation; |
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2. |
Orders Hungary to pay the costs. |