Kücükdeveci v Swedex GmbH & Co KG (Case C-555/07) [2010] E...

Facts

• Ms. Kücükdeveci was dismissed by her employer after more than ten years of service.
• German law permitted periods of employment before the age of 25 to be disregarded when calculating severance pay.
• This statutory rule adversely affected younger employees.
• Ms. Kücükdeveci argued that this provision contravened the principle of non-discrimination on grounds of age under Directive 2000/78/EC.
• The dispute was between Ms. Kücükdeveci and a private employer, precluding direct reliance on the directive.

Issues

1. Whether a national law allowing employment before age 25 to be excluded from severance calculations constitutes age discrimination under EU law.
2. Whether a directive lacking direct effect in disputes between private parties can nevertheless influence national courts’ interpretation of domestic law.
3. Whether general principles of EU law, such as non-discrimination, can be independently invoked in horizontal disputes.

Decision

• The Court held that national courts must interpret domestic law, as far as possible, to comply with directives and the principle of non-discrimination on grounds of age.
• The CJEU found that, despite the lack of direct effect of Directive 2000/78/EC in horizontal disputes, the general principle of non-discrimination could be relied upon.
• The Court established that the duty of sincere cooperation (Article 4(3) TEU) obliges national courts to ensure conformity with EU law, including general principles, in private disputes.
• By relying on the principle of consistent interpretation, national courts must set aside national rules incompatible with EU general principles.

Legal Principles

• General principles of EU law, such as non-discrimination, have legal effect in both vertical and quasi-horizontal relationships.
• The duty of sincere cooperation obliges national courts to interpret national law in conformity with EU directives and the principles they reflect.
• The principle of consistent interpretation can render certain directives indirectly enforceable between private parties, even absent direct effect.
• National courts are required to ensure the effective protection of rights conferred by EU law, including fundamental rights articulated in directives.

Conclusion

The CJEU in Kücükdeveci clarified that national courts must disapply national legislation conflicting with EU general principles, such as non-discrimination on grounds of age, by interpreting domestic law in line with relevant directives, even in disputes between private parties, thereby confirming the quasi-horizontal effect of such EU law principles.