Judgment of the Court (Second Chamber) of 26 September 2013 (request for a preliminary ruling from the Vestre Landsret - Denmark) – HK Danmark, acting on behalf of Glennie Kristensen v Experian A/S
(Case C-476/11) 1
(Principle of non-discrimination on grounds of age – Charter of Fundamental Rights of the European Union – Article 21(1) – Directive 2000/78/EC – Article 6(1) and (2) – Occupational pension scheme – Increases in the amount of contributions on the basis of age)
Language of the case: Danish
Referring court
Vestre Landsret
Parties to the main proceedings
Applicant: HK Danmark, acting on behalf of Glennie Kristensen
Defendant: Experian A/S
Intervener: Beskæftigelsesministeriet
Re:
Request for a preliminary ruling – Vestre Landsret – Interpretation of Article 6(2) 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) – Justification for differences of treatment on grounds of age – Fixing, for occupational social security schemes, of ages for admission or entitlement to retirement or invalidity benefits – General exception for occupational social security schemes provided that there is no discrimination on grounds of sex, or exception solely for affiliation to social security schemes – National legal situation in which an employer can pay, as part of pay, pension contributions which increase with the age of the employee
Operative part of the judgment
The principle of non-discrimination on grounds of age, enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, Articles 2 and 6(1) of that directive, must be interpreted as not precluding an occupational pension scheme under which an employer pays, as part of pay, pension contributions which increase with age, provided that the difference in treatment on grounds of age that arises therefrom is appropriate and necessary to achieve a legitimate aim, which it is for the national court to establish.
________________________1 OJ C 340, 19.11.2011.