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Image header Agence Europe
Europe Daily Bulletin No. 10060
Contents Publication in full By article 26 / 38
GENERAL NEWS / (eu) eu/court of justice

20/01/2010 (Agence Europe) - The German regulation runs counter to the principle of non-discrimination on grounds of age, as defined in the directive on equal treatment for employment and occupation (2000/78/EC), because it does not take into account periods of work before the age of 25 when calculating periods of notice. The regulation must, if necessary, be left unapplied by national courts, even in litigation between private individuals. Such is, in essence, the content of the ruling by the EU Court of Justice on Tuesday 19 January concerning a case (C-555/07) between Ms Seda Kücükdeveci and the company Swedex. Kücükdeveci had been employed by Swedex since the age of 18. At the age of 28, she was dismissed by that company, with just one month's notice (employment periods before the age of 25 not being taken into consideration), although Kücükdeveci was entitled to four months for ten year's service. (O.L./transl.jl)

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