EU COURT OF JUSTICE: SEX EQUALITY RELATED TO RETIREMENT AGE ALSO IN THE PRIVATE SECTOR

EU Court of Justice obliged Italy to raise women’s retirement age for old-age pension in the public sector, to make it equal to the one established for men, starting from 2012. The aforesaid Court’s statement gives cause to homologate retirement treatment requirements for men and women working in the private sector. For the Court, in fact, sex discrimination concerning age requirements for old-age pension is not allowed. The view of the European judges (cause C-356/09, Austria vs. Kleist) consists in excluding different treatments in dismissal procedure. It is not admitted to dismiss for reduction those employees who reach the age for old-age pension at 60 years old: in this circumstances, women anticipate men of five years. This sentence – unlike the one of 2008 on the public sector – will not have automatic effects in our country. Nevertheless, it could represent an option offered to the legislator to intervene on the retirement issue again.

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