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CJEU age discrimination case - national legislation incompatible with EU Directive on age discrimination - DI [Dansk Industri], acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen (2016) (C-441/14) [ECJ] 19.04.16 (Unreported)

Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Principle prohibiting discrimination on grounds of age — National legislation incompatible with the directive — Possibility for a private person to bring proceedings to establish the liability of the State for breach of EU law — Dispute between private persons — Balancing of various rights and principles — Principles of legal certainty and the protection of legitimate expectations — Role of the national court. HELD that EU law did not permit national legislation which deprived an employee of entitlement to a severance allowance where the employee was entitled to claim an old-age pension from the employer under a pension scheme which the employee joined before reaching the age of 50. It was for the member state's court, hearing a dispute between individuals within the scope of the Directive, to rule in conformity with its wording and aim, regardless of the existence of a contrary national jurisprudence.

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Category: Employment » Age discrimination; EC Law. Area(s) of law: Public Sector; Pensions; Environment.

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