Exemple de utilizare a Discrimination on grounds of age în Engleză și traducerile lor în Română
{-}
-
Official
-
Colloquial
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Computer
-
Programming
BARTSCH discrimination on grounds of age identified by the Court in Mangold.
The radical lowering of the retirement age for Hungarian judges constitutes unjustified discrimination on grounds of age.
Directive 2000/78 1 prohibits discrimination on grounds of age as regards employment and occupation.
In order to answer that question, it must be examined, at a first stage,whether the national rule at issue creates discrimination on grounds of age.
Directive 2000/78 1 prohibits discrimination on grounds of age in the field of employment and occupation.
Social policy- Equal treatment in employment andoccupation- Directive 2000/78- Prohibition of discrimination on grounds of age.
It will be noted that discrimination on grounds of age is not specifically identified in either of those long(though non-ex-haustive) lists.
Article 6(1) of Directive 2000/78 deals exclusively with justification for one specific type of differential treatment: discrimination on grounds of age.
(a) Does the primary law of the European Communities contain a prohibition of discrimination on grounds of age, protection under which must be guaranteed by the.
That would be possible only if the BAT, in providing for pay to be calculated byreference to age categories, were unlawful because it breached the prohibition of discrimination on grounds of age.
For that reason, any argument to the effect that if a principle prohibiting discrimination on grounds of age had already existed, Article 13 EC or Directive 2000/78 would have been unnecessary is fundamentally misconceived.
Depriving a worker of a severance allowance on the ground that he may draw an old-age pension constitutes discrimination on grounds of age.
That a nuanced approach to prohibiting discrimination on grounds of age was intended is, moreover, reinforced by the Community legislator's choice of a directive as the enacting measure under Article 13 EC.
He takes the view that the gradation of basic pay by age categories constitutes discrimination on grounds of age against younger employees.
(2) Is any prohibition of discrimination on grounds of age arising from the answer to question 1 also applicable between private employers on the one hand and their employees or pensioners and their survivors on the other hand?
We are also pleased to see that this report contains a commitment for second-pillar provision,that it should be available without discrimination on grounds of age, gender and work contract.
(1)(a) Does the primary law of the European Communities contain a prohibition of discrimination on grounds of age, protection under which must be guaranteed by the Member States even if the allegedly discriminatory treatment is unconnected to Community law?
The Court of Justice examines those questions on the basis of the general principle of European Union law prohibiting all discrimination on grounds of age, as given expression by Directive 2000/78.
It is not sure in this respect whether the possible existence of direct discrimination on grounds of age must be assessed by reference to primary European Union law, as the judgment in Case C‑144/04 Mangold[2005] ECR I‑9981 appears to suggest, or by reference to Directive 2000/78.
This principle was affirmed when the Court ruled on 13 September 2011 that prohibiting airline pilots from working after the age of 60 constitutes discrimination on grounds of age.
The Federal Republic of Germany made use of that option, so that the provisions of Directive 2000/78 relating to discrimination on grounds of age and disability were to be transposed in that Member State by 2 December 2006 at the latest.
That court decided to make a reference to the Court of Justice concerning the compatibility of any unequal treatment stemming from the social plan with EU law, which prohibits any discrimination on grounds of age or disability.
Accordingly, I felt that the better reading of Mangold was that discrimination on grounds of age had always been precluded by the general principle of equality, and that Directive 2000/78 had introduced a specific, detailed framework for dealing with, inter alia, that discrimination. .
Considers that in those Member States where compulsory occupational pension systems are set up and not mainly included in the first pillar,these second pillar provisions should be available to all workers by right, without any discrimination on grounds of age, sex, sector and/or employment contract;
Most cases concern the interpretation of Directive 2000/78/EC as regards discrimination on grounds of age, and in particular Article 6(1), which provides that differences of treatment based on age may be justified if there is a legitimate aim and the means used to achieve that aim are appropriate and necessary.
In Germany, the Law on equal treatment(Allgemeines Gleichbehandlungsgesetz)provides that clauses on automatic termination of employment contracts on the ground that an employee has reached retirement age may escape the prohibition on discrimination on grounds of age.
For employees under 65 years of age the regulations do not contain any particular provisions and merely lay down the principle that any discrimination on grounds of age is unlawful, unless the employer can show that it is'a proportionate means of achieving a legitimate aim'.
(a) Does a provision of an occupational pension scheme, which provides that a survivor's pensionwill not be granted to a surviving spouse in the event that the survivor is more than 15 years younger than the deceased former employee, fall within the scope of the prohibition of discrimination on grounds of age?
Those age limits do not constitute prohibited discrimination on grounds of age in the case of firemen who are directly involved in fighting fires and, in the case of dentists, only if the limit is an appropriate and consistent response to an objective of protection of health or employment policy.
My analysis of this question would be the same if, contrary to what Ihave set out above, there were a specific principle of Community law prohibiting discrimination on grounds of age(rather than a general principle of equal treatment that includes equal treatment irrespective of age). .