Fuchs and Köhler v Land Hessen

Employer-justified retirement: Court of Justice fails to clarify
Article Index
Overview
A German state law requiring state prosecutors to retire at 65 did not breach the prohibition on age discrimination contained in the Equal Treatment Directive. However the much hoped-for clarification that this case would provide as regards employer-justified retirement ages (and particularly whether cost alone can justify discrimination) was not forthcoming and employers should be wary of placing too much reliance on its outcome.
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