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Case C-408/23, Anwaltsnotarin: Judgment of the Court (Seventh Chamber) of 17 October 2024 (request for a preliminary ruling from the Oberlandesgericht Köln – Germany) – Rechtsanwältin und Notarin v Präsidentin des Oberlandesgerichts Hamm (Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2)(a) and Article 6(1) – Prohibition of discrimination on grounds of age – Upper age limit of 60 years for first appointment to the position of lawyer commissioned as notary – Vacant positions due to a lack of younger candidates – Justification – Appropriateness and necessity)
ECLI:EU:UNKNOWN:62023CA0408
62023CA0408
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Official Journal of the European Union
C series
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C/2024/7148
9.12.2024
(Case C-408/23,
(Reference for a preliminary ruling - Social policy - Equal treatment in employment and occupation - Article 21 of the Charter of Fundamental Rights of the European Union - Directive 2000/78/EC - Article 2(2)(a) and Article 6(1) - Prohibition of discrimination on grounds of age - Upper age limit of 60 years for first appointment to the position of lawyer commissioned as notary - Vacant positions due to a lack of younger candidates - Justification - Appropriateness and necessity)
(C/2024/7148)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Rechtsanwältin und Notarin
Defendant: Präsidentin des Oberlandesgerichts Hamm
Operative part of the judgment
Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, read in the light of Article 21 of the Charter of Fundamental Rights of the European Union,
must be interpreted as not precluding national legislation which lays down an upper age limit of 60 years for the first appointment to a position of lawyer commissioned as notary, provided that that legislation pursues a legitimate employment and labour market policy objective and that, in the relevant legislative context and in the light of all the situations to which it applies, that legislation is appropriate and necessary for the achievement of that objective.
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ELI: http://data.europa.eu/eli/C/2024/7148/oj
ISSN 1977-091X (electronic edition)
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Language of the case: German.