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Employment Law

Legal guidance - compliance - software

02 MAY 2012

Fuchs v Land Hessen [2011] IRLR 1043

Age discrimination

21 July 2011

European Court of Justice

Cunha Rodrigues J (President of the Chamber), Rosas J, Lohmus J, O Caoimh J and Lindh J (Rapporteur)

Compulsory retirement of civil servants at age 65 was objectively justified by a legitimate aim.

The German Government argued that creation of a ‘favourable age structure', ie the simultaneous presence of young people at the start of their careers and older people at the end, enabling experience to be passed on and newly acquired knowledge to be contributed by younger workers, was a legitimate aim.

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