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Germany / Hessian Higher Administrative Court / 7 C 897/13.N

Man v State regulation on authorised inspectors and official experts

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Germany / Hessian Higher Administrative Court
Type:
Decision
Decision date:
07/08/2013

Key facts of the case:

The plaintiff brought an action against the state regulation on authorized inspectors and official experts, which provides an absolute age limit of 70 years. The claimant, an accredited inspection engineer for technical installations in buildings, was concerned by the provision for the first time, due to extinction of his licence by exceeding the age limit at the end of October 2013. He raised a judicial review against the act on April 2nd 2013, stating that it particularly violates the Charter right to protection against age discrimination. Especially the “security reserve” in article 2 paragraph 5 2000/78/EC (Employment Equality Framework Directive) provides no sufficient vindication, according to the claimant’s view, as the measure of a strict age limit is not necessary to achieve the purposed public security, which can also be reached by the more mildly measure of frequent medical examinations of mental and physical capability and survey on the current expertise knowledge. However, the Court ultimately ruled that there was no breech of the Charter by the Hessian building code: although a fixed age limit indeed constitutes an age discrimination according to article 21 paragraph 1 of the Charter, but this infringement was considered justified, referred to article 51 paragraph 1 CFREU, and no violation of the command of non-discrimination.