Johann Odar v Baxter Deutschland GmbH[2012] EUECJ C-152/11 (06 December 2012)

Johann Odar v Baxter Deutschland GmbH[2012] EUECJ C-152/11 (06 December 2012)

Rules of an occupational social security scheme that reduce compensation for workers over 54 based on earliest pension date do not constitute prohibited age discrimination if justified by legitimate aims and appropriate means, but such rules that result in lower compensation for severely disabled workers due to...

Source-derived case information.

Citation
[2012] EUECJ C-152/11
Parties
Applicant: Dr Odar; Respondent: Baxter Deutschland GmbH
Jurisdiction
European Union
Judgment Date
06 December 2012
Procedural Posture
Reference for Preliminary Ruling / Judgment on Referred Questions
Outcome
Partial preclusion and partial allowance of national rules under Directive 2000/78/EC
Legal Topics
Age Discrimination, Disability Discrimination, Occupational Social Security Schemes, Termination Compensation, Directive 2000/78/ec
European Union Law Employment Law Discrimination Law Age Discrimination Disability Discrimination Occupational Social Security Schemes Termination Compensation Directive 2000/78/ec

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Parties

Dr Odar

Applicant

Baxter Deutschland GmbH

Respondent

Procedural Posture

Reference for Preliminary Ruling / Judgment on Referred Questions

Legal Issues

  1. 1 Whether national rules allowing exclusion from social plan benefits based on age or pension entitlement are compatible with Directive 2000/78/EC
  2. 2 Whether compensation calculation methods for workers over 54, based on earliest pension date, constitute prohibited age or disability discrimination under Directive 2000/78/EC

Ratio Decidendi

Rules of an occupational social security scheme that reduce compensation for workers over 54 based on earliest pension date do not constitute prohibited age discrimination if justified by legitimate aims and appropriate means, but such rules that result in lower compensation for severely disabled workers due to earlier pension eligibility constitute prohibited indirect disability discrimination and are not justified under Directive 2000/78/EC.

Court Disposition

Partial preclusion and partial allowance of national rules under Directive 2000/78/EC

Orders

  • Articles 2(2) and 6(1) of Directive 2000/78/EC do not preclude rules reducing compensation for workers over 54 based on earliest pension date if justified by legitimate aims.
  • Article 2(2) of Directive 2000/78/EC precludes rules reducing compensation for severely disabled workers based on earlier pension eligibility.