2013/54 BAG accepts levelling-down in age discrimination case (GE)
Provisions in a collective agreement that grant employees of different ages different terms of service are discriminatory and violate section 7 of the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz (AGG), the German transposition of Directive 2000/78/EC) and are therefore invalid and void. In consequence, younger employees are not entitled to equal beneficial entitlements and the provision is disapplied in respect of the initial beneficiaries.
European Court of Justice (ECJ), 2012-03-20
