Age discrimination and maximum commencement ages
Wolf C-229/08, 12 January 2010
Facts:
Mr Wolf applied for a post in the Frankfurt fire service as a professional fire fighter. Wolf’s application was refused as he was 31 (over the limit of 30) and brought a claim challenging the relevant legislation.
The claim related to Article 6 of the Framework Directives, as well as to Article 4 of the Directive, permitting discrimination where:
Findings of the court:
The aim of the legislation was legitimate as it was to ensure the proper functioning of the fire services. Evidence indicated very few employees at the age of 45 could adequately perform fire services.
The legislation was also proportionate as if persons over the age of 30 were able to join, a too large proportion of staff would not be able to perform fire services for a sufficiently long period.
Implications:
In professions or fields of work where physical and mental abilities are crucial for the role it will be more likely that maximum ages for entry into those roles will be proportionate and justified.