Age discrimination

European Commission v Hungary, case C-286/12

In European Commission v Hungary, the Court of Justice of the European Union held that where a member state reduced the retirement for the judiciary from 70 to 62, there was a difference in treatment on grounds of age. While this might have led to a more balanced age structure within the Hungarian judiciary (i.e. the legitimate objective was at least arguable), the Court found that the actual means adopted, which included plans to subsequently increase the retirement age to 65 were not proportionate and the scheme was unlawful. While the lowering of the retirement age was appropriate, the CJEU concluded that it was not necessary considering the interests of those forced to retire early.

To read the judgment in full, please click here.

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