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CJEU: Age limit of 65 years for pilots of commercial aircraft transporting passengers, cargo or mail
The age limit of 65 years laid down in EU law for pilots of commercial aircraft transporting passengers, cargo or mail is valid. It is justified by the aim of ensuring civil aviation safety in Europe.
Mr Werner Fries was employed as a captain and an instructor by Lufthansa. From the end of October 2013, Lufthansa no longer employed him on the ground that he had reached the mandatory age limit of 65 years laid down in EU law for pilots of commercial aircraft. Mr Fries requests that Lufthansa pay him his salary for the months of November and December 2013 on the basis that it was only at the end of December 2013 that his employment contract expired. Furthermore, he still possessed, during those two months, his airline transport pilot licence and his authorisations as an instructor and examiner. Mr Fries claims that the age limit at issue constitutes discrimination on grounds of age and infringes the freedom to choose an occupation, with the result that it is contrary to the Charter of Fundamental Rights of the EU.
The case was brought before the Bundesarbeitsgericht (Federal Labour Court, Germany), which has referred questions to the Court of Justice on the validity and scope of the age limit at issue.
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