Judgment of the Court (Grand Chamber) of 12 October 2010 (reference for a preliminary ruling from the Vestre Landsret (Denmark)) — Ingeniørforeningen i Danmark, acting on behalf of Ole Andersen v Region Syddanmark

(Case C-499/08) (1)

(Directive 2000/78/EC - Equal treatment in employment and occupation - Prohibition of discrimination on grounds of age - Non-payment of a severance allowance to workers who are entitled to an old-age pension)

2010/C 346/10

Language of the case: Danish

Referring court

Vestre Landsret

Parties to the main proceedings

Applicant: Ingeniørforeningen i Danmark, acting on behalf of Ole Andersen

Defendant: Region Syddanmark

Re:

Reference for a preliminary ruling — Vestre Landsret — Interpretation of Articles 2 and 6 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 legislation providing for the payment of a severance allowance for dismissed employees who have been employed for a certain number of consecutive years with the same employer, except where they have reached an age where they are entitled to an old-age pension to which the employer has contributed — Direct or indirect discrimination on grounds of age

Operative part of the judgment

Articles 2 and 6(1) of Council Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as precluding national legislation pursuant to which workers who are eligible for an old-age pension from their employer under a pension scheme which they have joined before attaining the age of 50 years cannot, on that ground alone, claim a severance allowance aimed at assisting workers with more than 12 years of service in the undertaking in finding new employment.

(1)  OJ C 19, 24.1.2009.