Judgement of the Court of Justice of the European Union (First Chamber) of November 6, 2012 - European Comission v Hungary
Judgement of the Court of Justice of the European Union (First Chamber) of November 6, 2012 - European Comission v Hungary
Judgement of the Court of Justice of the European Union (First Chamber) of November 6, 2012 - European Comission v Hungary
Case: Case C-286/12 - European Commission v. Hungary
Descriptors: Equal treatment / National regime that obliges judges, prosecutors and notaries to cease their activity at 62 years of age
The European Commission files an appeal for noncompliance against Hungary because it has adopted, in its national regulatory framework, a regime that obliges judges, prosecutors and notaries who have reached the age of 62 to cease their professional activity.
In its judgment, the First Chamber of the Court of Justice of the European Union recognizes that, by establishing this retirement scheme, Hungary has breached its obligations in light of articles 2 and 6.1 of Directive 2000/78/EC of the Council of Europe, an instrument which relates to a general framework for equal treatment in employment and occupation. The adoption of a national regime that forces judges, prosecutors and notaries who have reached 62 years of age to cease their professional activity entails a difference in treatment for age reasons that lacks proportionality with the objectives pursued.