Mangold (Social policy) [2005] EUECJ C-144/04 (22 November 2005)

Mangold (Social policy) [2005] EUECJ C-144/04 (22 November 2005)

Community law, specifically Article 6(1) of Directive 2000/78/EC, precludes national provisions authorizing fixed-term contracts for workers aged 52 and over without objective justification; national courts must set aside such provisions to ensure the effectiveness of the principle of non-discrimination in respect of age, even if the transposition period for the directive has not expired.

Citation
[2005] EUECJ C-144/04
Parties
Applicant: Mr Mangold; Respondent: Mr Helm
Jurisdiction
European Union
Judgment Date
22 November 2005
Procedural Posture
Reference for Preliminary Ruling / Judgment
Outcome
Reference for preliminary ruling answered; national law precluded by Community law.
Legal Topics
Fixed Term Contracts, Age Discrimination, Equal Treatment, Transposition of EU Directives
Employment Law European Union Law Anti Discrimination Law Fixed Term Contracts Age Discrimination Equal Treatment Transposition of EU Directives

Case Brief

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Parties

Mr Mangold

Applicant

Mr Helm

Respondent

Procedural Posture

Reference for Preliminary Ruling / Judgment

Legal Issues

  1. 1 Compatibility of national law with Clause 8(3) of the Framework Agreement on fixed-term contracts
  2. 2 Compatibility of national law with Article 6(1) of Directive 2000/78/EC regarding age discrimination
  3. 3 Obligation of national courts to set aside conflicting national law

Ratio Decidendi

Community law, specifically Article 6(1) of Directive 2000/78/EC, precludes national provisions authorizing fixed-term contracts for workers aged 52 and over without objective justification; national courts must set aside such provisions to ensure the effectiveness of the principle of non-discrimination in respect of age, even if the transposition period for the directive has not expired.

Court Disposition

Reference for preliminary ruling answered; national law precluded by Community law.

Orders

  • National courts must set aside national provisions authorizing fixed-term contracts for workers aged 52 and over without objective justification.
  • National courts must guarantee the full effectiveness of the principle of non-discrimination in respect of age.