27.4.2015

Official Journal of the European Union

C 138/11

(Case C-515/13) (<span class="super">1</span>)

((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) and (2)(a) - Article 6(1) - Difference of treatment on grounds of age - National legislation providing for severance allowance to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension))

(2015/C 138/13)

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: Ingeniørforeningen i Danmark, acting on behalf of Poul Landin

Defendant: Tekniq, acting on behalf of ENCO A/S — VVS

Operative part of the judgment

Article 2(1) and (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 meaning that they do not preclude national legislation, such as the legislation at issue in the main proceedings, from providing that an employer must, upon termination of the employment relationship of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, pay an amount equivalent to one, two or three months’ salary respectively, unless the salaried employee is entitled to receive a State retirement pension upon termination of employment to the extent that that legislation is both objectively and reasonably justified by a legitimate aim relating to employment and labour market policy as well as constituting an appropriate and necessary means of achieving that aim. It is for the national court to satisfy itself that this is the case.

* Language of the case: Danish.

(OJ C 359, 7.12.2013)