Europees recht – Mangold

Facts

The employer (Mr. Helm) and Mr. Mangold (employee) were private individuals. The employee sought to argue that the terms of his contract that were allowed under German law, were contrary to Article 6 (1) of Directive 2000/78. The provision of German labour law excluded protection for short term contracts for employees over 52 years old. Mr. Mangold was 56 at that time.

Legal question

Is the contract of Mr. Mangold allowed under Article 6 (1) Directive 2000/78?

Rule of law

National law which encourages employment and that has lowered the age above which fixed-term contracts of employment may be concluded without restrictions is not against the Framework Agreement. Nonetheless, the Directive aims to combat discrimination on various grounds.
Directive 2000/78 had to establish a general framework for equal treatment in employment and occupation.
The CJEU held that the German (national) rule was incompatible with Article 6 (1) of the Directive 2000/78. The mere principle that directives should not have a horizontal effect would not be a bar to this ruling. This because of the age discrimination.