Judgment of the Court (First Chamber) of 6 November 2012 - European Commission v Hungary
(Case C-286/12)
(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)
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:
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;
Orders Hungary to pay the costs.
____________1 - OJ C 217, 21.7.2012.