23In that regard, the Court of Appeal is uncertain whether the case-law of the Court has departed from the finding in Danfoss that ‘the employer does not have to provide special justification for recourse to the criterion of length of service’. Recent cases, inter alia Case C-184/89 Nimz [1991] ECR I-297, Case C-1/95 Gerster [1997] ECR I-5253, and Case C-243/95 Hill and Stapleton [1998] ECR I-3739, arguably represent second thoughts on the part of the Court of Justice. The Court of Appeal notes, in that regard, that it is not convinced by the HSE's argument that the scope of the judgment in Danfoss has been modified by the subsequent case-law of the Court only in relation to part-time workers and that therefore the criterion of length of service never needs objective justification, except in relation to those workers.
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