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Forced retirement of pilots at 60 held age discriminatory (News, 16 September 2011)

Forced retirement of pilots at 60 held age discriminatory (News, 16 September 2011)
Published on: 16 September 2011
Published by: LexisPSL
  • Forced retirement of pilots at 60 held age discriminatory (News, 16 September 2011)
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Article summary

When judging whether the mandatory retirement of pilots at the age of 60, pursuant to the terms of a collective agreement, amounts to discrimination on the grounds of age under the Equal Treatment Directive: (1) the fact that it did not reflect national and international legislation (which fixed the retirement age at 65) meant that it was not: (a) a necessary measure to ensure public security and protection of health; or (b) a proportionate genuine and determining occupational requirement, so as to fall within an exception to the principle of equal treatment, and (2) air traffic safety cannot be used as a legitimate aim within the meaning of the Directive such as to justify that requirement, according to the ECJ in the German case of Prigge, Fromm and Lambach v Deutsche Lufthansa. or take a trial to read the full analysis.

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