ECJ 22 October 2026, Case C-359/25 (IS - v - Ypourgos Exoterikon)

Summary

A national rule requiring diplomatic-service officials to retire at 65 if they have completed 35 years of pensionable public service, while other public officials who do not meet those conditions are not compulsorily retired at that age, may be justified under Directive 2000/78/EC. Facilitating generational renewal and a balanced age structure in the diplomatic service can constitute a legitimate employment-policy aim. The rule must also be appropriate and necessary to achieve that aim, which is for the referring court to verify.

Questions

1. Does Directive 2000/78/EC preclude a national rule requiring diplomatic-service officials to retire compulsorily at 65 if they have completed 35 years of pensionable public service, when other public officials who do not meet those conditions are not compulsorily retired at that age?

Ruling 

1. Directive 2000/78/EC must be interpreted as not precluding such a national rule, provided that it pursues a legitimate employment and labour-market policy aim and, in the context of the legislation and all the situations to which it applies, is appropriate and necessary to achieve that aim. It is for the referring court to verify whether those conditions are met.