Article 21 - Non-discrimination
Key facts of the case:
Reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf
Principle of non-discrimination on grounds of age – Directive 2000/78/EC – National legislation on dismissal not taking into account the period of employment completed before the employee reaches the age of 25 in calculating the notice period – Justification for the measure – National legislation contrary to the directive – Role of the national court.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
22) It should also be noted that Article 6(1) TEU provides that the Charter of Fundamental Rights of the European Union is to have the same legal value as the Treaties. Under Article 21(1) of the charter, ‘[a]ny discrimination based on … age … shall be prohibited’.