EUR-Lex & EU Commission AI-Powered Semantic Search Engine
Modern Legal
  • Query in any language with multilingual search
  • Access EUR-Lex and EU Commission case law
  • See relevant paragraphs highlighted instantly
Start free trial

Similar Documents

Explore similar documents to your case.

We Found Similar Cases for You

Sign up for free to view them and see the most relevant paragraphs highlighted.

Case C-45/09: Reference for a preliminary ruling from the Arbeitsgericht Hamburg (Germany) lodged on 2 February 2009 — Gisela Rosenbladt v Oellerking Gebäudereinigungsgesellschaft mbH

ECLI:EU:UNKNOWN:62009CN0045

62009CN0045

January 1, 2009
With Google you find a lot.
With us you find everything. Try it now!

I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!

Valentina R., lawyer

1.5.2009

Official Journal of the European Union

C 102/10

(Case C-45/09)

2009/C 102/14

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Gisela Rosenbladt

Defendant: Oellerking Gebäudereinigungsgesellschaft mbH

Questions referred

1.Following the entry into force of the German General law on equal treatment (Allgemeines Gleichbehandlungsgesetz; ‘the AGG’) are the rules under collective law, which discriminate based on age, compatible with the prohibition of age discrimination in Article 1 and Article 2(1) of Council Directive 2000/78/EC of 27 November 2000 (1) establishing a general framework for equal treatment in employment and occupation, without the AGG expressly permitting this (as was previously the case in Paragraph 10 Sentence 3 Point 7 of the AGG)?

2.Does a national rule that permits the state, the parties to a collective agreement and the parties to an individual employment contract to specify the automatic termination of an employment relationship upon reaching a specific fixed age (in this case: reaching the age of 65), contravene the prohibition of age discrimination laid down in Article 1 and Article 2(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation if, according to established practice in place for several decades in the Member State, clauses of this type have consistently applied to the employment relationships of nearly all workers, irrespective of the prevailing economic, social and demographic state of affairs and the actual labour market situation?

3.Does a collective agreement that permits an employer to end an employment relationship at a specific fixed age (in this case: reaching the age of 65), contravene the prohibition of age discrimination laid down in Article 1 and Article 2(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation if, according to established practice in place for several decades in the Member State, clauses of this type have consistently applied to the employment relationships of nearly all workers, irrespective of the prevailing economic, social and demographic state of affairs and the actual labour market situation?

4.Does a state that declares a collective agreement permitting employers to end employment relationships at a specific fixed age (in this case: reaching the age of 65) to be generally applicable and upholds this extension contravene the prohibition of age discrimination laid down in Article 1 and Article 2(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, if this is effected irrespective of the prevailing economic, social and demographic state of affairs and irrespective of the actual labour market situation?

(1) OJ 2000 L 303, p. 16.

EurLex Case Law

AI-Powered Case Law Search

Query in any language with multilingual search
Access EUR-Lex and EU Commission case law
See relevant paragraphs highlighted instantly

Get Instant Answers to Your Legal Questions

Cancel your subscription anytime, no questions asked.Start 14-Day Free Trial

At Modern Legal, we’re building the world’s best search engine for legal professionals. Access EU and global case law with AI-powered precision, saving you time and delivering relevant insights instantly.

Contact Us

Tivolska cesta 48, 1000 Ljubljana, Slovenia