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CJEU - C 476/11 / Judgment

HK Danmark, acting on behalf of Glennie Kristensen, v Experian A/S

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
European Court of Justice (Second Chamber)
Type:
Decision
Decision date:
26/09/2013
Key facts of the case:
 
This request for a preliminary ruling concerns the interpretation of Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).
 
The request has been made in proceedings between HK Danmark (‘HK’), acting on behalf of Ms Kristensen, and Experian A/S (‘Experian’) concerning the lawfulness of the occupational pension scheme operated by Experian.
 
Results (sanctions) and key consequences of the case:
 
The Court (Second 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, and, in particular, Articles 2 and 6(1) of that directive, must be interpreted as not precluding an occupational pension scheme under which an employer pays, as part of pay, pension contributions which increase with age, provided that the difference in treatment on grounds of age that arises therefrom is appropriate and necessary to achieve a legitimate aim, which it is for the national court to establish.