Judgment of 14 November 2013
The Union of Commercial and Clerical Employees as agent of A
The Ministry of Employment
Intervener for the appellant The Danish Confederation of Trade Unions
Intervener for the defendants The Confederation of Danish Employers
Collective agreement on differences of treatment for people under 18 years of
The subject-matter of the case was whether the differences of treatment in remuneration and dismissal conditions for people under 18 years of age set out in the Danish Discrimination Act and in the collective agreement between Irma A/S and The Union of Commercial and Clerical Employees extend beyond the differences of treatment permissible according to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.
The Supreme Court established that the Act and the collective agreement do not extend beyond the differences of treatment permissible according to the Directive.
The High Court/Court of Appeal had reached the same conclusion.