ECJ 2 June 2022, case C-587/20 (HK/Danmark and HK/Privat), Age Discrimination:

Ligebehandlingsnævnet, acting on behalf of A – v – HK/Danmark and HK/Privat, Danish case

ECJ 2 June 2022, case C-587/20 (HK/Danmark and HK/Privat), Age Discrimination

Setting an age limit for eligibility as a sector convenor constitutes age discrimination and is in breach of Directive 2000/78.

Summary

Setting an age limit for eligibility as a sector convenor constitutes age discrimination and is in breach of Directive 2000/78. The ECJ’s summary of the case is available on: https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-06/cp220092en.pdf.

Question

Are Article 3(1)(a) and (d) of Directive 2000/78 to be interpreted as meaning that an age limit laid down in the statutes of an organisation of workers for eligibility to stand as sector convenor of that organisation falls within the scope of that directive?

Ruling

Article 3(1)(a) and (d) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that an age limit laid down in the statutes of an organisation of workers for eligibility to stand as sector convenor of that organisation falls within the scope of that directive.