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CJEU Case C-427/06 / Judgment

Birgit Bartsch v Bosch und Siemens Hausgeräte (BSH) Altersfürsorge GmbH

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Grand Chamber)
Type:
Decision
Decision date:
23/09/2008

Key facts of the case:

Reference for a preliminary ruling: Bundesarbeitsgericht - Germany.
Equal treatment in employment and occupation - Article 13 EC - Directive 2000/78/EC - Occupational pension scheme excluding the right to a pension of a spouse more than 15 years younger than the deceased former employee - Age discrimination - Link with Community law.

Outcome of the case:

On those grounds, the Court (Grand Chamber) hereby rules:

The application, which the courts of Member States must ensure, of the prohibition under Community law of discrimination on the ground of age is not mandatory where the allegedly discriminatory treatment contains no link with Community law. No such link arises either from Article 13 EC, or, in circumstances such as those at issue in the main proceedings, from Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation, before the time-limit allowed to the Member State concerned for its transposition has expired.