This document is an excerpt from the EUR-Lex website
Document 62009CA0356
Case C-356/09: Judgment of the Court (Second Chamber) of 18 November 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Pensionsversicherungsanstalt v Christine Kleist (Social policy — Equal treatment of men and women in matters of employment and occupation — Directive 76/207/EEC — Article 3(1)(c) — National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension — Objective of promoting employment of younger persons — National rules setting the age conferring entitlement to a retirement pension at 60 years for women and 65 years for men)
Case C-356/09: Judgment of the Court (Second Chamber) of 18 November 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Pensionsversicherungsanstalt v Christine Kleist (Social policy — Equal treatment of men and women in matters of employment and occupation — Directive 76/207/EEC — Article 3(1)(c) — National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension — Objective of promoting employment of younger persons — National rules setting the age conferring entitlement to a retirement pension at 60 years for women and 65 years for men)
Case C-356/09: Judgment of the Court (Second Chamber) of 18 November 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Pensionsversicherungsanstalt v Christine Kleist (Social policy — Equal treatment of men and women in matters of employment and occupation — Directive 76/207/EEC — Article 3(1)(c) — National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension — Objective of promoting employment of younger persons — National rules setting the age conferring entitlement to a retirement pension at 60 years for women and 65 years for men)
IO C 13, 15.1.2011, p. 14–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
15.1.2011 |
EN |
Official Journal of the European Union |
C 13/14 |
Judgment of the Court (Second Chamber) of 18 November 2010 (reference for a preliminary ruling from the Oberster Gerichtshof — Austria) — Pensionsversicherungsanstalt v Christine Kleist
(Case C-356/09) (1)
(Social policy - Equal treatment of men and women in matters of employment and occupation - Directive 76/207/EEC - Article 3(1)(c) - National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension - Objective of promoting employment of younger persons - National rules setting the age conferring entitlement to a retirement pension at 60 years for women and 65 years for men)
2011/C 13/23
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant: Pensionsversicherungsanstalt
Respondent: Christine Kleist
Re:
Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 3(1)(c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40), as amended by Directive 2002/73/EC — National rules setting the retirement age at 60 years for women and 65 years for men and facilitating the dismissal of employees when they reach that age — Dismissal by a public employer of a woman aged 60 years and entitled to retire, on the grounds of a desire to promote the employment of younger people
Operative part of the judgment
Article 3(1)(c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002, must be interpreted as meaning that national rules which, in order to promote access of younger persons to employment, permit an employer to dismiss employees who have acquired the right to draw their retirement pension, when that right is acquired by women at an age five years younger than the age at which it is acquired by men, constitute direct discrimination on the grounds of sex prohibited by that directive.