AGE CONCERN ENGLAND - Case C-388/07, The Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Facts and legal issues
• Opinion of Advocate General (hereinafter “AG\") Jan Mazák¹¹

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This case analysis of Age Concern England explores the legal implications of mandatory retirement age in the European Union. The analysis focuses on the interpretation of Directive 2000/78/EC (Employment Equality Directive) regarding discrimination on grounds of age and its application to national legislation.

• Scope of the Directive in relation to national rules on retirement ages
• Legitimate justifications for age-based discrimination
• The role of the Member States in transposing the Directive
• The distinction between justifiable differences in treatment and unlawful discrimination
• The specific nature of age discrimination within the framework of the Directive

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter introduces the case Age Concern England and highlights its significance in clarifying the applicability of the Employment Equality Directive to age discrimination.
• Facts and legal issues: This section presents the factual background of the case and details the legal questions submitted to the European Court of Justice (ECJ) by the High Court. These questions concern the scope of the Directive, the definition of direct age discrimination, and the test for justification of both direct and indirect discrimination.
• Opinion of Advocate General (hereinafter “AG\") Jan Mazák¹¹: This chapter focuses on the opinion of the Advocate General, Jan Mazák, on the questions posed by the High Court. The opinion provides insights into the application of the Directive, the flexibility afforded to Member States in implementing it, and the specific nature of age discrimination within the context of employment law.

Schlüsselwörter (Keywords)

The case Age Concern England revolves around the application of European Union law to age discrimination in the workplace. Key terms and concepts include the Employment Equality Directive, age discrimination, mandatory retirement age, national legislation, Member State obligations, justification of discrimination, legitimate aims, and the specific nature of age-based discrimination.