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Case C-141/11: Judgment of the Court (Second Chamber) of 5 July 2012 (reference for a preliminary ruling from the Södertörns tingsrätt — Sweden) — Torsten Hörnfeldt v Posten Meddelande AB (Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension)
ECLI:EU:UNKNOWN:62011CA0141
62011CA0141
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22.9.2012
Official Journal of the European Union
C 287/11
(Case C-141/11) (<span class="super">1</span>)
(Equal treatment in employment and occupation - Prohibition of discrimination on grounds of age - National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age - Account not taken of the amount of the retirement pension)
2012/C 287/18
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Torsten Hörnfeldt
Defendant: Posten Meddelande AB
Re:
Reference for a preliminary ruling — Södertörns tingsrätt — Interpretation of the general principle of law on the prohibition of age discrimination and of Article 6 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — National legislation and collective agreement granting employees an unconditional right to work until the age of 67 and providing for automatic termination without notice of the employment relationship at the end of the month in which the employee turns 67, without taking account of the actual pension paid to him
Operative part of the judgment
The second subparagraph of 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 national measure, such as that at issue in the main proceedings, which allows an employer to terminate an employee’s employment contract on the sole ground that the employee has reached the age of 67 and which does not take account of the level of the retirement pension which the person concerned will receive, as that measure is objectively and reasonably justified by a legitimate aim relating to employment policy and labour-market policy and constitutes an appropriate and necessary means by which to achieve that aim.
(<span class="super">1</span>) OJ C 152, 21.5.2011.