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CJEU Case C-670/18 / Judgment

CO v Comune di Gesturi

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Eighth Chamber)
Type:
Decision
Decision date:
02/04/2020

Key facts of the case:

Reference for a preliminary ruling — Social policy — Principle of equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of all discrimination on grounds of age — Public call for expressions of interest — Conditions of participation — Exclusion of retired public-sector and private-sector employees.

Outcome of the case:

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

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, in particular Article 2(2), Article 3(1) and Article 6(1) thereof, must be interpreted as not precluding national legislation prohibiting public administrative authorities from awarding analysis and consultancy roles to retired persons in so far as, first, that legislation pursues a legitimate employment policy and labour market objective and, second, the means deployed to achieve that objective are appropriate and necessary. It is for the referring court to determine whether that is in fact the case in the main proceedings.