Mangold v Helm
| Mangold v Helm | |
|---|---|
| Court | European Court of Justice |
| Citation(s) | (2005) C-144/04 |
| Keywords | |
| Equality, age discrimination | |
Mangold v Helm (2005) C-144/04 was a case before the European Court of Justice (ECJ).
Mangold was a 56-year-old German man employed on a fixed term contract in a permanent full-time job. The German government introduced the so-called Employment Promotion Act 1996 (Beschäftigungsförderungsgesetz) which allowed fixed term contracts for a two-year maximum, and otherwise were unlawful unless they could be objectively justified. But even this protection was removed (apparently to "promote employment") if the employee was over 60. Further amendments then changed the age to 52. Mr Mangold claimed that the lack of protection, over age 52, was unjustified age discrimination.
The ECJ held in its judgment the German law contravened the Employment Equality Framework Directive, even though it did not have to be implemented until the end of 2006. It said that, in general terms, legislation that lets employers treat people differently because of their age “offends the principle” in international law of eliminating discrimination on the basis of age. The ECJ ruled that national courts must set aside any provision of national law which conflicts with the directive even before the period for implementation has expired.
65. In so far as such legislation takes the age of the worker concerned as the only criterion for the application of a fixed-term contract of employment, when it has not been shown that fixing an age threshold, as such, regardless of any other consideration linked to the structure of the labour market in question or the personal situation of the person concerned, is objectively necessary to the attainment of the objective which is the vocational integration of unemployed older workers, it must be considered to go beyond what is appropriate and necessary in order to attain the objective pursued. Observance of the principle of proportionality requires every derogation from an individual right to reconcile, so far as is possible, the requirements of the principle of equal treatment with those of the aim pursued (see, to that effect, Case C-476/99 Lommers [2002] ECR I‑2891, paragraph 39). Such national legislation cannot, therefore, be justified under Article 6(1) of Directive 2000/78.
[...]
75. The principle of non-discrimination on grounds of age must thus be regarded as a general principle of Community law. Where national rules fall within the scope of Community law, which is the case with Paragraph 14(3) of the TzBfG, as amended by the Law of 2002, as being a measure implementing Directive 1999/70 (see also, in this respect, paragraphs 51 and 64 above), and reference is made to the Court for a preliminary ruling, the Court must provide all the criteria of interpretation needed by the national court to determine whether those rules are compatible with such a principle (Case C-442/00 Rodríguez Caballero [2002] ECR I-11915, paragraphs 30 to 32).
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