Categories: Insights

25 Nov 2010

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.      
Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

Read more
1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

Read more
1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

Read more
1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

Read more
29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

Read more
24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

Read more