Die Spieler zogen vor ein Arbeitsgericht
und bekamen UnterstE-tzung von der mEnchtigen Histadrut-Gewerkschaft.
A worker who reached age 65 (retirement age), and whose employer notified her of the termination of her contract, brought an action before the Arbeitsgericht
Hambourg (trade court).
Braunschweig, Urteil vom 22.
The plaintiff appealed to the Arbeitsgericht
(Local Labour Court), contending that he was better qualified and that the Bremen law was contrary to German Basic Law and to provisions of the German Civil Code.
Hamburg (Germany) asks the court whether the German regulation that allows the automatic termination of an employment relationship when the employee reaches a specific age (in this case the age of 65) is contrary to the prohibition of age discrimination laid down in Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, when such clauses are consistently applied to the employment relationships of nearly all workers.
Several questions were referred to the Court by the Arbeitsgericht
Munchen (Munich Labour Court) for a preliminary ruling on the interpretation of Directive 2000/78 in a dispute concerning a German law on part-time working and fixed-term contracts (Gesetz uber Teilzeitarbeit und befristete Arbeitsvertrage, the TzBfG).
Reference for a preliminary ruling - Arbeitsgericht
Bielefeld - Interpretation of Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees - Obligation for an undertaking which is, or which is regarded as, the "central management" of a Community-scale group of undertakings whose management is not situated in a Member State to provide another undertaking in the group (and hence the employees of the latter undertaking) with the necessary information - Scope of that obligation.
Ms Mahlburg appealed against the rejection of her application to the Arbeitsgericht
(Labour Court) in Rostock claiming that she had been discriminated against on grounds of sex, within the meaning of the EU Directive on equal treatment for men and women in employment.