CJEU finding - the use of arbitrary age limits in connection with recruitment or promotion should be avoided, where possible
Published on: 14/12/2022
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin mcveigh

Kevin McVeigh is Head of Elliott Duffy Garrett’s Corporate & Banking practice. Kevin advises clients on corporate transactions in Northern Ireland and on international deals with a Northern Ireland connection. He specialises in the sale and purchase of businesses. Kevin also advises on commercial contracts including investment and shareholder agreements and corporate governance.

Key Issues:        Social Policy – Equal Treatment – Age Discrimination  

Case:                  VT v  Ministero dell’Interno

Reference:         Case C-304/21, CJEU (Seventh Chamber), 17 November 2022

Legislation:       Directive 2000/78/EC

Background ⚓︎

On 2 December 2019, the Ministry of the Interior (Italy) organised a competition based on qualifications and tests for the allocation of 120 State Police commissioner posts. Among the general conditions for admission to that competition, the call for applications stated that candidates must have reached the age of 18 and not have reached the age of 30, subject to certain special cases.

VT attempted to apply for that competition in accordance with the applicable dematerialised procedure. However, the computer application provided for that purpose prevented him from submitting that application

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/12/2022