Reference for a preliminary ruling from the Juzgado de lo Social No 33, Madrid, Spain, made by order of that court of 14 November 2005 in Félix Palacios de la Villa v Cortefiel Servicios SA, José María Sanz Corral and Martin Tebar Less

(Case C-411/05)

(2006/C 36/41)

Language of the case: Spanish

Reference has been made to the Court of Justice of the European Communities by order of the Juzgado de lo Social No 33, Madrid, Spain, of 14 November 2005, received at the Court Registry on 22 November 2005, for a preliminary ruling in the proceedings between Félix Palacios de la Villa and Cortefiel Servicios SA, José María Sanz Corral and Martin Tebar Less on the following questions:

Does the principle of equal treatment, which prohibits any discrimination whatsoever on the grounds of age and is laid down in Article 13 EC and Article 2(1) of Directive 2000/78, (1) preclude a national law (specifically, the first paragraph of the Single Transitional Provision of Law 14/2005 on clauses in collective agreements concerning the attainment of normal retirement age) pursuant to which compulsory retirement clauses contained in collective agreements are lawful, where such clauses provide as sole requirements that workers must have reached normal retirement age and must have fulfilled the conditions set out in the social security legislation of the Spanish State for entitlement to draw a retirement pension under their contribution regime?

In the event that the reply to the first question is in the affirmative:

Does the principle of equal treatment, which prohibits any discrimination whatsoever on the grounds of age and is laid down in Article 13 EC and Article 2(1) of Directive 2000/78, require this court, as a national court, not to apply to this case the first paragraph of the Single Transitional Provision of Law 14/2005 cited above?

(1)  Council Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).