Dansk Industri (DI) acting on behalf of Ajos A/S v Estate of Karsten Eigil Rasmussen [2016]

Posted In: Case Law
  • Case Reference
    EUECJ C-441/14
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Discrimination; Age; Equal Treatment Framework Directive; Doctrine of Direct Effect

Danish law requires of employers in Denmark that, "In the event of the dismissal of a salaried employee who has been continuously employed in the same undertaking for 12, 15 or 18 years, the employer shall, on termination of the employment relationship, pay a sum to the employee corresponding to, respectively, one, two or three months’ salary." However, a caveat applied where, "the employee will receive a State retirement pension on termination of the employment relationship." And therefore, "No severance allowance shall be payable if, on termination of the employment relationship, the employee will receive an old-age pension from the employer and the employee joined the pension scheme in

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This article is correct at 22/04/2016

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