Comune di Gesturi (Judgment) French Text [2020] EUECJ C-670/18 (02 April 2020)

Comune di Gesturi (Judgment) French Text [2020] EUECJ C-670/18 (02 April 2020)

Directive 2000/78/EC does not preclude national legislation prohibiting public administrations from awarding study and consultancy assignments to retired persons, provided the legislation pursues a legitimate employment policy objective and the means used are appropriate and necessary; it is for the national court to verify these conditions.

Citation
[2020] EUECJ C-670/18
Parties
Applicant: CO; Respondent: Comune di Gesturi
Jurisdiction
European Union
Judgment Date
02 April 2020
Procedural Posture
Preliminary Reference / Judgment on Preliminary Question
Outcome
Reference answered; Directive 2000/78/EC does not preclude such national legislation if justified and proportionate.
Legal Topics
Age Discrimination, Public Sector Employment, Directive Interpretation, Equality of Treatment
European Union Law Employment Law Anti Discrimination Law Age Discrimination Public Sector Employment Directive Interpretation Equality of Treatment

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Parties

CO

Applicant

Comune di Gesturi

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Question

Legal Issues

  1. 1 Whether Directive 2000/78/EC precludes national legislation prohibiting public administrations from awarding study and consultancy assignments to retired persons.

Ratio Decidendi

Directive 2000/78/EC does not preclude national legislation prohibiting public administrations from awarding study and consultancy assignments to retired persons, provided the legislation pursues a legitimate employment policy objective and the means used are appropriate and necessary; it is for the national court to verify these conditions.

Court Disposition

Reference answered; Directive 2000/78/EC does not preclude such national legislation if justified and proportionate.

Orders

  • It is for the referring court to verify whether the national measure pursues a legitimate objective and is appropriate and necessary.
  • Costs to be determined by the referring court.