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Supreme Court of Denmark

Reference to the EU Court of Justice 

Case no. 185/2010
Judgment 16 March 2012

HK Danmark acting for A
Irma A/S and Ministry of Employment

No questions to be referred to the EU Court of Justice as there was no doubt as to the interpretation of Article 6(1) of the Employment Directive

The Court did not grant A's request for a reference to the Court of Justice regarding the interpretation of the Employment Directive. A had made the request during the hearing of a case regarding age discrimination, after A had been dismissed from his job by the supermarket chain Irma when he attained the age of 18. He had been employed since he was 16, and during his employment, pursuant to the provisions of a collective agreement, his wages had been lower than the amount which employees over the age of 18 were entitled to receive. This was sanctioned by section 5a(5) of the Act on Discrimination. During his case, A submitted that this was in contravention of the Directive.

The Supreme Court held that, on the evidence, there was no doubt regarding the interpretation of the provisions of the Directive which could justify reference to the Court of Justice.

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