CJEU - C 432/14 / Judgment O v Bio Philippe Auguste SARL

Key facts of the case:

REQUEST for a preliminary ruling under Article 267 TFEU, from the Conseil de Prud'hommes de Paris (France), made by decision of 12 September 2014, received at the Court on 22 September 2014 in the proceedings O v Bio Philippe Auguste SARL.

Results (sanctions) and key consequences of the case:

...the Court (Seventh Chamber) hereby rules:

The principle of non-discrimination on grounds of age, enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which an end-of-contract payment, paid in addition to an employee's salary on the expiry of a fixed-term employment contract where the contractual relationship is not continued in the form of a contract for an indefinite period, is not payable in the event that the contract is concluded with a young person for a period during his school holidays or university vacation.

Paragraphs referring to EU Charter: 

 

21. By its question, the referring court asks, in essence, whether EU law, specifically the principle of non-discrimination on grounds of age enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Directive 2000/78, must be interpreted as precluding a national provision such as that at issue in the main proceedings, under which an end-of-contract payment, paid in addition to an employee’s salary on the expiry of a fixed-term employment contract where the contractual relationship is not continued in the form of a contract for an indefinite period, is not payable in the event that the contract is concluded with a young person for a period during his school holidays or university vacation. 

...

40. Consequently, the answer to the question referred is that the principle of non-discrimination on grounds of age enshrined in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Directive 2000/78, must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which an end-of-contract payment, paid in addition to an employee’s salary on the expiry of a fixed-term employment contract where the contractual relationship is not continued in the form of a contract for an indefinite period, is not payable in the event that the contract is concluded with a young person for a period during his school holidays or university vacation.