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Supreme Court of Denmark

Non-referral of questions to the EU Court of Justice regarding, among other things, the Employment Directive 
19-08-2013 

Case no. 308/2012
 

Judgment delivered on 19 August 2013 

The DanAge Association (Ældresagen) acting for A
vs.
The Danish Ministry of Employment

There was no basis for referring questions to the EU Court of Justice regarding the interpretation of, among other things, the Employment Directive (prohibition against discrimination on the grounds of age)

On 12 December 2007, the Danish Association of Managers and Executives stated that A's membership of the unemployment fund would terminate as at 1 April 2008, when A turned 65.

A later terminated his position, registered as unemployed and requested payment of unemployment benefit with effect from 2 April 2009.  The Danish Association of Managers and Executives refused A's request, referring to the fact that unemployment fund membership terminates no later than at the end of the month in which the member reaches his retirement age.

The Supreme Court stated, among other things, that a preliminary assessment showed that EU Court of Justice case law available concerning two of the disputed provisions in the Employment Directive was both satisfactory and extensive and that it was therefore not necessary to refer the question to the EU Court of Justice. Furthermore, two other cases from Denmark concerning the extent of a third provision in the Directive had already been referred and a preliminary assessment showed that further referral was therefore not required. Finally, it was not necessary to refer the question regarding the extent of the general principle of Community law prohibiting discrimination on the grounds of age. The request for referral was therefore not admitted.

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