The European Court Of Justice

2125 WordsApr 24, 20169 Pages
The following essay is to examine the decision made by the European Court of Justice (ECJ) in the case O v Bio Philippe Auguste SARL. (1) What are the relevant EC/EU law in this case? The EU law at issue is mainly the the Council Directive 2000/78/EC (the ‘Framework Employment Equality Directive’, referred to in general in what follows as ‘the Directive’), which establishes a general framework for equal treatment in employment and occupation. According to the Treaty of Amsterdam 1997, which inserted in Article 13 into the EC Treaty, the EU was granted competency to legislate on prohibition of discrimination on a series of new grounds, including age. Such power was later used as the foundation for the enactment of the Directive, imposing a legal control over age discrimination in the employment and occupation field; and narrowing the circumstances in which the national law of Member States may permit employers to subject employees to different treatment on the grounds of age. Article 2 of the Directive provides the meaning and the effect of prohibiting direct and indirect discrimination in employment and occupation on the grounds of age as well as other grounds, namely sexual orientation, religion or belief, disability and harassment on those grounds. Hence, age is categorized under the Directive as wholly protected ground of non-discrimination. However, age differs from other non-discrimination grounds in some particular aspects because it appears to

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