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Case C-304/21: Judgment of the Court (Seventh Chamber) of 17 November 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — VT v Ministero dell’Interno and Ministero dell’Interno — Dipartimento della Pubblica Sicurezza — Direzione centrale per le risorse umane (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), Article 4(1) and Article 6(1) — Prohibition of discrimination on grounds of age — National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners — Justification)
ECLI:EU:UNKNOWN:62021CA0304
62021CA0304
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Valentina R., lawyer
16.1.2023
Official Journal of the European Union
C 15/16
(Case C-304/21) (<span class="oj-super oj-note-tag">1</span>)
(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), Article 4(1) and Article 6(1) - Prohibition of discrimination on grounds of age - National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners - Justification)
(2023/C 15/15)
Language of the case: Italian
Referring court
Parties to the main proceedings
Appellant: VT
Respondents: Ministero dell’Interno and Ministero dell’Interno — Dipartimento della Pubblica Sicurezza — Direzione centrale per le risorse umane
Operative part of the judgment
Article 2(2), Article 4(1) 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, read in the light of Article 21 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding national legislation which provides for the fixing of a maximum age limit of 30 years for participation in a competition aimed at recruiting police commissioners, in so far as the duties actually performed by those police commissioners do not require particular physical capacities or, if such physical capacities are required, it is apparent that such legislation, while pursuing a legitimate aim, imposes a disproportionate requirement, which it is for the national court to determine.
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Language of the case: Italian
ECLI:EU:C:2025:140