header-logo header-logo

Flying high

istock_000015703940medium_4

Charles Pigott reports on soaring retirement ages

Last month’s decision of the European Court of Justice (ECJ) in Prigge v Deutsche Lufthansa AG C-447/09 is about three German airline pilots who were made to retire at 60. Their employer relied on a term in a collective agreement providing for automatic termination of their employment at the age of 60. Both German and international aviation legislation allows pilots to continue to fly between the ages of 60 and 65 as long as they do so as part of a crew with at least one pilot under the age of 60.

Abiding by the Directive

The ECJ had to decide whether the collective agreement infringed the Employment Framework Directive (2000/78/EC). It needed to look at three provisions of the Directive:
 

  • Article 2(5), which excludes measures from the scope of the Directive which, among other things, are necessary for the protection of health;
  • Article 4(1), which creates an exemption for a “genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate”; and
  • Article 6(1), which
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll