Horgan and another v Minister for Education & Skills and others

European Union – Employment. Article 2(2)(b) of Directive (EC) 2000/78 should be interpreted to the effect that a measure which, as of a specific date, provided for the application on the recruitment of new teachers of a salary scale and classification on that scale which were less advantageous than that applied, under the rules previous to that measure, to teachers recruited before that date did not constitute indirect discrimination on the grounds of age within the meaning of that provision. The Court of Justice of the European Union so held in a preliminary ruling in proceedings concerning the lawfulness of a national measure applied, from a certain date, to newly recruited public servants, including teachers in national schools, which provided for a salary scale and classification on that salary scale upon recruitment which were less advantageous than that applicable to teachers already employed as such.

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