The Court of Justice of the EU (CJEU) ruled on Thursday 15 April that the difference in treatment on the basis of age in the Greek labour reserve scheme is pursuing a “legitimate” employment policy objective and has the “appropriate” means to achieve it. Therefore, the Court finds that the placement of public employees under this regime is not contrary to EU law.
In January 2012, a Greek worker was placed under the labour reserve scheme prior to his retirement, resulting in a reduction of his remuneration to 60% of his basic salary, before having his contract terminated without being paid compensation for dismissal under a law adopted the previous year (Law 4024/2011).
The Greek worker challenged the validity of his transfer to the labour reserve scheme on the grounds that there is differential treatment based on age. This difference, he said, is contrary to the directive on equal treatment in employment and occupation.
The Greek Court of Cassation asked the CJEU whether this scheme, which is aimed at people about to retire, involves indirect discrimination on the grounds of age and, therefore, whether it is justified.
For the European judges, it is so insofar as the national regulation pursues a legitimate employment policy objective (high level of employment and a balanced age structure between young and older civil servants) and provides for appropriate and necessary means (the labour reserve scheme, in this case) to achieve it. Therefore, the scheme is not contrary to EU law.
To read the judgment: https://bit.ly/32kuIdT (Original version in French by Pascal Hansens)