Labour Law : Ecj: German Rules Violate Principle of Non-Discrimination

European Social Policy, February 12, 2010 | Go to article overview

Labour Law : Ecj: German Rules Violate Principle of Non-Discrimination


The EU Court of Justice handed down a ruling, on 19 January, that reiterates the principle of non-discrimination on grounds of age at the workplace. The role of the national court in enforcing EU law is also stressed by the court in Case C-555/07.

The ECJ held that German rules on redundancies run counter to EU law. Under German law, periods of employment completed before the employee has reached the age of 25 are not taken into account for calculating notice periods in case of dismissal.

This principle of non-discrimination on grounds of age was first recognised in the Mangold judgement, in November 2005, and subsequently found expression in Directive 2000/78 on equal treatment in employment and occupation. The Charter of Fundamental Rights of the European Union, which since the entry into force of the Lisbon Treaty has the same legal value as the treaties, also bans all discrimination based on age. The German employment law is therefore in breach of EU law since the notice periods for dismissal increase in Germany according to the length of employment but do not take account of employment periods before the worker reached the age of 25. German labour law therefore provides less favourable treatment to employees who entered the employer's service before the age of 25. The Court of Justice rejects this difference of treatment.

THE CASE

The judgement results from the questions submitted to the Court of Justice by the higher labour court in Dusseldorf on the compatibility of the German rule with EU law and the consequences of any incompatibility. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Labour Law : Ecj: German Rules Violate Principle of Non-Discrimination
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.