2014/7 Justified differential treatment of under-18s (DK)

Section 5a(5) of the Danish Anti-Discrimination Act, by which collective bargaining agreements may provide a difference in pay for under-18s compared to adults and an option to dismiss employees when they reach 18, is in accordance with Article 6(1) of Directive 2000/78 on anti-discrimination.

2014/19 Eligibility for widow’s pension conditional on marriage predating termination of late employee’s employment: no age or sex discrimination (GE)

The Bundesarbeitsgericht has confirmed its previous case law, according to which it is neither sex nor age discriminatory if a company pension scheme excludes surviving spouses from pension benefits who married the pensioner after termination of his employment relationship. Even if such provision implies indirect discrimination on the grounds of age or sex, the employer has a legitimate interest in limiting financial risks in relation to company pension.

2014/19 Eligibility for widow’s pension conditional on marriage predating termination of late employee’s employment: no age or sex discrimination (GE)

The Bundesarbeitsgericht has confirmed its previous case law, according to which it is neither sex nor age discriminatory if a company pension scheme excludes surviving spouses from pension benefits who married the pensioner after termination of his employment relationship. Even if such provision implies indirect discrimination on the grounds of age or sex, the employer has a legitimate interest in limiting financial risks in relation to company pension.

2014/3 Dismissal for being HIV-positive violates ECHR (GR)

In 2009 the Greek Supreme Court held that being HIV-positive does not make an employee ‘disabled’. In a recent judgment, the European Court of Human Rights held otherwise.

2014/3 Dismissal for being HIV-positive violates ECHR (GR)

In 2009 the Greek Supreme Court held that being HIV-positive does not make an employee ‘disabled’. In a recent judgment, the European Court of Human Rights held otherwise.

ECJ 26 September 2013, case C-546/11 (Dansk Jurist-og Økonomforbund acting on behalf of Erik Toftgaard - v - Indenrigs- og Sundhedsministeriet with five intervening parties), Age discrimination

Mr Toftgaard was a civil servant. He was dismissed on the ground that his post had ceased to...

ECJ 26 September 2013, case C-546/11 (Dansk Jurist-og Økonomforbund acting on behalf of Erik Toftgaard - v - Indenrigs- og Sundhedsministeriet with five intervening parties), Age discrimination

Mr Toftgaard was a civil servant. He was dismissed on the ground that his post had ceased to...

ECJ 26 September 2013, case C-476/11 (HK Danmark on behalf of Glennie Kristensen - v - Experian A/S with Beskaeftigelsesministeriet intervening), Age discrimination

Ms Kristensen was employed by Experian in 2007 at age 29. Her fixed salary was DK 21,500 per...

ECJ 26 September 2013, case C-476/11 (HK Danmark on behalf of Glennie Kristensen - v - Experian A/S with Beskaeftigelsesministeriet intervening), Age discrimination

Ms Kristensen was employed by Experian in 2007 at age 29. Her fixed salary was DK 21,500 per...

ECJ 19 September 2013, case C-5/12 (Marc Betriu Montull - v - INSS), Gender discrimination

The Spanish Workers’ Statute grants maternity leave lasting 16 weeks. Of these, six must be...