27.4.2015
EN
Official Journal of the European Union
C 138/11
Judgment of the Court (Seventh Chamber) of 26 February 2015 (request for a preliminary ruling from the Østre Landsret — Denmark) — Ingeniørforeningen i Danmark, acting on behalf of Poul Landin v Tekniq, acting on behalf of ENCO A/S — VVS
(Case C-515/13) (1)
((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(1) and (2)(a) - Article 6(1) - Difference of treatment on grounds of age - National legislation providing for severance allowance to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension))
(2015/C 138/13)
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicant: Ingeniørforeningen i Danmark, acting on behalf of Poul Landin
Defendant: Tekniq, acting on behalf of ENCO A/S — VVS
Operative part of the judgment
Article 2(1) and (2)(a) and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that they do not preclude national legislation, such as the legislation at issue in the main proceedings, from providing that an employer must, upon termination of the employment relationship of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, pay an amount equivalent to one, two or three months’ salary respectively, unless the salaried employee is entitled to receive a State retirement pension upon termination of employment to the extent that that legislation is both objectively and reasonably justified by a legitimate aim relating to employment and labour market policy as well as constituting an appropriate and necessary means of achieving that aim. It is for the national court to satisfy itself that this is the case.
(1) OJ C 359, 7.12.2013.
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