On Wednesday 5 July, the European Court of Justice confirmed the 65-year old age limit contained in Union law for pilots in commercial flight crews transporting passengers, freight or post (C-190/16).
Although the age limit establishes a difference in treatment based on age and restricts professional freedom, the judges at the Court believe that this is a proportionate provision. The Court argues that this is justified by the objective to ensure the security of civil aviation in Europe, due to the risks of accidents that could be caused by a reduction in the physical capacity of the interested party if this party exceeds the age of 65.
The Court states that in that regard, the 65-year old age included in regulation 1178/2011 on technical requirements and the administrative procedures applicable to flight personnel on commercial flights can be considered sufficiently advanced and is therefore appropriate for terminating the authorisation of a pilot carrying out their duties on commercial flights. It also holds that it complies with international rules.
The case was brought to the Court by German Federal Labour Court, which was approached in a case a involving a pilot to whom the German airline, Lufthansa refused to pay a salary for two months on the basis that during those two months, his airline transport pilot licence and his authorisations as an instructor and examiner had expired at the company.
On the latter point, the Court explains that the age limit only applies to pilots that are part of flight crews transporting passengers, freight or post but that it does not prohibit the holder of a pilot licence who has attained the age of 65 from acting as a pilot in ferry flights, operated by an air carrier transporting no passengers and no cargo or mail, or from working as an instructor and/or examiner on board an aircraft (provided that he is not part of the flight crew). (Original version in French by Francesco Gariazzo)