WRITTEN QUESTION E-2672/02

by Mary Banotti (PPE-DE) to the Commission

(24 September 2002)

Subject: Care hire in EU for over-70s

It has been brought to my attention that citizens of the European Union over the age of 70 are having difficulty in hiring cars in the European Union. What measures will the Commission take to ensure that such discrimination is brought to an end immediately and what penalties, if any, can be imposed on car hire companies who continue with this discriminatory practice should such a practice be contrary to EU law?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 October 2002)

The Commission recalls that on 27 November 2000 the Council adopted Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation(1). The Directive prohibits discrimination on grounds of, inter alia, age, including the use of age limits which are not objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are not appropriate and necessary. The Member States have until 2 December 2003 to transpose the requirements of the Directive into national law.

However, the material scope of this Directive is restricted to the field of employment and does not cover equal treatment in access to goods and services as in the case raised by the Honorable Member. Neither this Directive nor any other instrument of Community law prevents car hire companies from providing differential treatment according to age. Persons who feel they have been discriminated against in such circumstances must therefore seek redress under any national law which may exist.

(1) OJ L 303, 2.12.2000.