The European Court of Justice has issued two interesting judgements in relation to alleged discrimination on the age ground. The first related to an age bar for firefighters - a limit of 30 years was set for new recruits to the service because of the physical difficulty of the job. The second related to a maximum age of 68 for dentists in order to minimise mistakes and safeguard the health of patients.


1. Wolf v Stadt Frankfurt am Main (2010) ECJ

Age discrimination; maximum age restriction on recruitment

The European Court of Justice has decided that an entry level age bar of 30 years of age for firefighters is justified as a genuine occupational requirement and therefore not discriminatory.

Heavy duties are carried out by those under 45 years of age and the limit was justified by the need to have the majority of the force able to carry out physically demanding tasks and to allow for replacements to be recruited. The German authorities produced a great deal of statistical evidence to back up their position.
http://bit.ly/92kUzQ


2. Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe (2010) ECJ

Age Discrimination; retirement at 68

Another German age discrimination case this week, but one at the other end of the spectrum. It concerned a rule to set a maximum age for state dentists at 68. The ground for justification was that it was a 'measure necessary for the protection of health' - the principle of equal treatment does not apply to national law that is necessary for that reason.

The ECJ accepted (without much in the way of statistical evidence) that more mistakes could be made by those over 68 and therefore health of patients would be at risk and that, 'where its aim is to share out employment opportunities among the generations', the EU Directive does not exclude the practice of setting the age limit, although it is for the domestic courts to decide whether or not it is a proportionate means of achieving the legitimate aim.
http://bit.ly/69mCLp