Equal treatment

Case C 356/09, CJEU, Luxembourg, 18 November 2010, Pensionsversicherungsanstalt v Christine Kleist;

Ground: Social policy - Equal treatment of men and women in matters of employment and occupation - Directive 76/207/EEC - Article 3(1) (c) - National rules facilitating the dismissal of workers who have acquired the right to draw their retirement pension - Objective of promoting employment of younger persons - National rules setting the age conferring entitlement to a retirement pension at 60 years for women and 65 years for men.

The abstract of the Judgment

CJEU Case, Pensionsversicherungsanstalt v. Christine Kleist C-356/09, of 18 November 2010;The case refers for a preliminary ruling from the Oberster Gerichtshof — Austria and has to do with the interpretation of Article 3(1) (c) of Council Directive 76/207/EEC (amended by Directive 2002/73/EC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion). Article 3(1) prohibits any kind of gender direct or indirect discrimination in public and private sectors on employment and work conditions, including the salary and work dismissal. The Oberster Gerichtshof — Austria demanded if the Article 3(1) obstructs national rules that permit an employer to dismiss employees, who may draw their retirement pension, in the circumstances when men and women had the right to have a pension at different ages. The Austrian legislation stated that the retirement age for women was 60, and for men was 65. The Court noticed that this is direct discrimination on the grounds of sex. In this case, national rules were to be applied in the circumstances when workers could be dismissed. CJEU decided that, national rules constituted a direct discrimination on the grounds of sex.