Judgment_paragraph 65 · Sabine Hennigs v Eisenbahn-Bundesamt and Land Berlin v Alexander Mai (C-297/10, C-298/10)

65The Court has repeatedly held that the social partners at national level may, on the same basis as the Member States, provide for measures which contain differences of treatment on grounds of age, in accordance with the first subparagraph of Article 6(1) of Directive 2000/78. Like the Member States, they enjoy a broad discretion in their choice, not only to pursue a particular aim in the field of social and employment policy, but also in the definition of measures capable of achieving it (see Case C-411/05 Palacios de la Villa [2007] ECR I-8531, paragraph 68, and Case C-45/09 Rosenbladt [2010] ECR I-9391, paragraph 41). In the context of that discretion, the difference of treatment on grounds of age must be appropriate and necessary for achieving that aim.

Sabine Hennigs v Eisenbahn-Bundesamt and Land Berlin v Alexander Mai (C-297/10, C-298/10)

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