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
(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)
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.