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Case C-143/16: Judgment of the Court (First Chamber) of 19 July 2017 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Abercrombie & Fitch Italia Srl v Antonino Bordonaro (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) — Article 2(2)(a) — Article 6(1) — Age discrimination — On-call employment contract which may be concluded with persons under 25 years of age — Automatic termination of the employment contract when the worker reaches 25 years of age)
ECLI:EU:UNKNOWN:62016CA0143
62016CA0143
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11.9.2017
Official Journal of the European Union
C 300/4
(Case C-143/16)(Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) - Article 2(2)(a) - Article 6(1) - Age discrimination - On-call employment contract which may be concluded with persons under 25 years of age - Automatic termination of the employment contract when the worker reaches 25 years of age)
(2017/C 300/05)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Abercrombie & Fitch Italia Srl
Defendant: Antonino Bordonaro
Operative part of the judgment
Article 21 of the Charter of Fundamental Rights of the European Union and Article 2(1), Article 2(2)(a) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding a provision, such as that at issue in the main proceedings, which authorises an employer to conclude an on-call contract with a worker of under 25 years of age, whatever the nature of the services to be provided, and to dismiss that worker as soon as he reaches the age of 25 years, since that provision pursues a legitimate aim of employment and labour market policy and the means laid down for the attainment of that objective are appropriate and necessary.
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Language of the case: Italian
ECLI:EU:C:2017:140