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France / State Council / 352393

Mrs A, an agent of the Electricity Transmission network v the State

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
State Council
Type:
Decision
Decision date:
13/03/2013

Key facts of the case:

Policy area concerned – labour law Facts of the case: Applicant requests to cancel Decree No. 2011-289 of 18 March 2011 amending the Staff Regulations of the national electricity and gas industries that raises the age (from 65 to 67 years old) at which an agent who did not take the initiative of a retirement plan can be retired at the initiative of the employer. Applicant also requests to cancel Decree No. 2011-290 of 18 March 2011 relating to the special pension for electricity and gas industry staff that raised the age of entitlement to a pension. Legal questions raised: Does setting the age at which an agent can be retired at the initiative of the employer constitute a difference in treatment based on age? Is it justified? The High Administrative Court states that setting an age at which an agent is retired at the initiative of the employer constitutes a difference in treatment based on age. However, in setting an age at which electricity and gas industry staff, as all agents under a regulatory status submitted to a special regime of pension can be retired at the initiative of the employer, the regulatory authority implemented the right of everyone to have a job allowing the exercise of this right by the largest number of people. This goal meets the requirements of the employment policy and of the labour market. In the context of the employment guarantee offered for electricity and gas industry staff, it is necessary to aim for the best distribution of jobs between generations. This goal is legitimate and objectively and reasonably justifies a difference in treatment based on age.