Abercrombie & Fitch Italia Srl v Bordonaro

European Union – Employment. Article 21 of the Charter of Fundamental Rights of the European Union and arts 2(1), 2(2)(a) and 6(1) of Council Directive (EC) 2000/78 did not preclude a provision, such as that at issue in the main proceedings, which authorised an employer to conclude an on-call contract with a worker of under 25 years of age, whatever the nature of the services to be provided, and to dismiss that worker as soon as he reached the age of 25 years. The Court of Justice of the European Union so held, in a preliminary ruling, taking the view that such a provision pursued a legitimate aim of employment and labour market policy and that the means laid down for the attainment of that objective were appropriate and necessary.

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