Official Journal of the European Union

C 421/24

(Case C-441/14)

2014/C 421/34

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: DI [Dansk Industri], acting on behalf of Ajos A/S

Defendant: Estate of Karsten Eigil Rasmussen

Questions referred

1.Does the general EU law principle prohibiting discrimination on grounds of age include a prohibition on a scheme such as the Danish one, under which employees are not entitled to severance allowance if they are entitled to an old-age pension financed by their employer under a pension scheme which they have joined before attaining the age of 50 years, irrespective of whether they choose to remain on the employment market or retire?

2.Is it compatible with EU law for a Danish court, in a case between an employee and a private employer concerning payment of a severance allowance which the employer under national law as described in question 1 is exempt from having to pay but where that result is not compatible with the general EU law principle prohibiting discrimination on grounds of age, to undertake a weighing-up of that principle and its direct effect with the principle of legal certainty and the related principle of the protection of legitimate expectations and, following that weighing-up, reaches the conclusion that the principle of legal certainty must prevail over the principle prohibiting discrimination on grounds of age, with the result that under national law the employer is exempt from having to pay the severance allowance? Guidance is also sought as to whether the fact that the employee, depending on the circumstances, may claim compensation from the State as a result of the Danish legislation’s incompatibility with EU law has an impact on the issue of whether such a weighing-up may be considered.