EN
HR Legal

The European Court of Justice rules out age limit

logo
Legal news
calendar 28 August 2022
globus Denmark

A chairman of an employee organization could not be re-elected because of an age limit. The European Court of Justice ruled that the age limit is covered by the EU rules on non-discrimination. Now, the Danish High Court must take a decision in the specific case.

In 1993, a chairman was elected and ended up staying on the post until 2011, when she turned 63. In the years she was chairman, she received a monthly salary for her work. However, although she wanted to run for chairman again, she could not. This was due to a rule in the organization that, among other things, prohibited the election of a chairman who had turned 60 on the election day.

The chairman complained to the Danish Board of Equal Treatment, which agreed that she had been subject to discrimination based on her age. The organization did not follow the decision and was therefore brought before the Danish High Court and later to the European Court of Justice.

Discrimination, no matter the industry

The rules on non-discrimination also apply to elections in employee organizations. This was the conclusion of the European Court of Justice, which added that the non-discrimination rules cover any occupational activity - thereby also a paid occupation. For that reason, it is also irrelevant which industry is concerned.

The exceptions to the EU rules on non-discrimination are narrow, and only a few groups are exempted – for example, the prohibition does not apply to the military.

IUNO’s opinion

Only a few scenarios allow for a lawful age limit. The question, therefore, is whether it is even feasible, as employees are not the only group covered by the discrimination rules.

IUNO recommends that companies are aware of existing and future age limits. This could, for example, be useful for managing directors or members of the board of directors, who may not enjoy the same protection as employees.

[The European Court of Justice in case C-587/20 of 2 June 2022]

In 1993, a chairman was elected and ended up staying on the post until 2011, when she turned 63. In the years she was chairman, she received a monthly salary for her work. However, although she wanted to run for chairman again, she could not. This was due to a rule in the organization that, among other things, prohibited the election of a chairman who had turned 60 on the election day.

The chairman complained to the Danish Board of Equal Treatment, which agreed that she had been subject to discrimination based on her age. The organization did not follow the decision and was therefore brought before the Danish High Court and later to the European Court of Justice.

Discrimination, no matter the industry

The rules on non-discrimination also apply to elections in employee organizations. This was the conclusion of the European Court of Justice, which added that the non-discrimination rules cover any occupational activity - thereby also a paid occupation. For that reason, it is also irrelevant which industry is concerned.

The exceptions to the EU rules on non-discrimination are narrow, and only a few groups are exempted – for example, the prohibition does not apply to the military.

IUNO’s opinion

Only a few scenarios allow for a lawful age limit. The question, therefore, is whether it is even feasible, as employees are not the only group covered by the discrimination rules.

IUNO recommends that companies are aware of existing and future age limits. This could, for example, be useful for managing directors or members of the board of directors, who may not enjoy the same protection as employees.

[The European Court of Justice in case C-587/20 of 2 June 2022]

Receive our newsletter

Anders

Etgen Reitz

Partner

Søren

Hessellund Klausen

Partner

Kirsten

Astrup

Managing associate (on leave)

Cecillie

Groth Henriksen

Senior associate

Johan

Gustav Dein

Associate

Similar

logo
HR Legal

27 March 2024

Rules on pay transparency on the way

logo
HR Legal

27 March 2024

Internal information was not trade secrets

logo
HR Legal

10 March 2024

Every beard you take

logo
HR Legal

25 February 2024

A salary freeze is not always a breeze in the Nordics

logo
HR Legal

25 February 2024

Next stop, neutrality town!

logo
HR Legal

25 February 2024

Money speaks louder than words

The team

Alexandra

Jensen

Legal advisor

Anaïs

Kjærgaard Crouzet

Associate

Anders

Etgen Reitz

Partner

Caroline

Thorsen

Junior legal assistant

Cecillie

Groth Henriksen

Senior associate

Johan

Gustav Dein

Associate

Julie

Meyer

Senior legal assistant

Kirsten

Astrup

Managing associate (on leave)

Maria

Kjærsgaard Juhl

Legal advisor

Sofie

Aurora Braut Bache

Managing associate

Søren

Hessellund Klausen

Partner