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Publishers Abstract:
In its hotly debated decision in the Mangold case, handed down by the Court's Grand Chamber on Nov 22, 2005, the Court of Justice found that national law such as that at issue -- according to which the conclusion of a fixed-term employment contract did not require objective justification if the worker had reached the age of 52 by the time the fixed-term employment relationship began -- amounted to direct discrimination on grounds of age as prohibited by the Employment Framework Directive, and that this finding could not be called into question by the fact that the period for the implementation of the Directive had not yet expired. However, whatever the merit of the above arguments regarding the special nature of age discrimination, the fact remains that the Court did not choose to base its reasoning on the Commission's intent regarding the proposition of a 'Framework Directive'.
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