European Employment Law Cases

Case Reports

2020/2 Introduction of 25 years as maximum age for participation in air traffic controllers recruiting process found unjustified (BE)

Keywords Age discrimination
Authors Gautier Busschaert
Author's information

371237 Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.
  • Abstract

      Relying on the prohibition of age discrimination stemming from Directive 2000/78, the Brussels Labour Tribunal, in a judgment of 28 November 2019, ruled that an age limit of 25 for the recruitment of air traffic controllers constituted direct discrimination. Its decision was grounded on the fact that even if there are objective reasons related to air traffic safety which may justify setting an age limit for applicants, the employer must adduce concrete evidence based on scientific facts.

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