Judgment of the Court of Justice in Case C-447/09

Court of Justice of the European Union PRESS RELEASE No 88/11 Luxembourg, 13 September 2011 Press and Information Judgment in Case C-447/09 Reinhard Prigge, Michael Fromm and Volker Lambach v Deutsche Lufthansa AG Prohibiting airline pilots from working after the age of 60 constitutes discrimination on grounds of age While the right to act as a pilot may be limited from that age, total prohibition goes beyond that which is necessary to ensure air traffic safety The directive on equal treatment in employment and occupation1 prohibits any unjustified difference in treatment at work that is related to age. Nevertheless, Member States, when implementing the directive, may provide that a difference in treatment which is based on workers physical capabilities, which themselves are related to age, does not constitute discrimination if having such capabilities is a genuine and determining requirement for being able to carry out a professional activity. Similarly, the directive does not prevent Member States from adopting all measures necessary to ensure the maintenance of public security. Moreover, Member States may entrust the implementation of the directive to social partners. International and German legislation provide that, between the ages of 60 and 64, an airline pilot may not continue to act as a pilot unless he is a member of a multi-pilot crew and the other pilots are under 60. However, that legislation prohibits pilots from acting as pilots beyond 65. The collective...