SCMD (Judgment) French Text [2015] EUECJ C-262/14 (21 May 2015)

SCMD (Judgment) French Text [2015] EUECJ C-262/14 (21 May 2015)

The national legislation does not constitute discrimination on grounds covered by Directive 2000/78/EC, as the difference in treatment is based on professional category and not age or other protected grounds. The Directive does not apply to such differences.

Source-derived case information.

Citation
[2015] EUECJ C-262/14
Parties
Applicant: Sindicatul Cadrelor Militare Disponibilizate în rezervă și în retragere (SCMD); Respondent: Ministerul Finanțelor Publice
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Preliminary Questions
Outcome
Preliminary ruling: Articles 2(2) and 3(1) of Directive 2000/78/EC do not apply to national legislation imposing cessation of public sector employment for retirees with pensions above a certain threshold who do not opt to continue employment within a set period.
Legal Topics
Equality of Treatment, Discrimination, Directive 2000/78/ec, Retirement Pensions, Public Sector Employment
European Union Law Employment Law Equality of Treatment Discrimination Directive 2000/78/ec Retirement Pensions Public Sector Employment

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Parties

Sindicatul Cadrelor Militare Disponibilizate în rezervă și în retragere (SCMD)

Applicant

Ministerul Finanțelor Publice

Respondent

Procedural Posture

Preliminary Reference / Judgment on Preliminary Questions

  1. 1 Whether national legislation prohibiting the cumulation of a public sector salary with a retirement pension above a certain threshold constitutes discrimination under Directive 2000/78/EC.
  2. 2 Whether such legislation falls within the scope of the Directive regarding discrimination based on age or other protected grounds.

Ratio Decidendi

The national legislation does not constitute discrimination on grounds covered by Directive 2000/78/EC, as the difference in treatment is based on professional category and not age or other protected grounds. The Directive does not apply to such differences.

Court Disposition

Preliminary ruling: Articles 2(2) and 3(1) of Directive 2000/78/EC do not apply to national legislation imposing cessation of public sector employment for retirees with pensions above a certain threshold who do not opt to continue employment within a set period.

Orders

  • Articles 2(2) and 3(1) of Directive 2000/78/EC do not apply to such national legislation.
  • Costs to be determined by the referring court.