## Facts

- Mr. Mangold, a 56-year-old German lawyer, was employed under a fixed-term employment contract.
- German legislation permitted fixed-term contracts for workers over 52 years old, purportedly to encourage employment of older persons.
- Mr. Mangold challenged this law as constituting age discrimination, contrary to the principle of equal treatment under EU law.
- At the time, Directive 2000/78/EC on equal treatment in employment and occupation had not been fully implemented in Germany.
- The case was referred to the European Court of Justice (ECJ) for a preliminary ruling on the compatibility of the national law with EU principles.

## Issues

1. Whether the German legislation allowing fixed-term contracts solely for workers over a certain age constituted unlawful age discrimination under EU law.
2. Whether the general principle of non-discrimination on grounds of age had direct effect prior to full implementation of Directive 2000/78/EC.
3. Whether national courts were obliged to disapply national provisions in conflict with the general principle of non-discrimination on grounds of age.

## Decision

- The ECJ found that the German law was incompatible with the general principle of non-discrimination on grounds of age.
- The Court held that this general principle forms part of the Community legal order and possesses direct effect, even if not expressly implemented by a directive.
- The Court cited Article 6(2) TEU and the Charter of Fundamental Rights of the EU as sources confirming the prohibition of age discrimination.
- National courts were found obliged to set aside provisions of national law that conflicted with the general principle of non-discrimination on grounds of age.

## Legal Principles

- The general principle of non-discrimination on grounds of age is binding within EU law, regardless of the status of directive implementation.
- This principle has direct effect, permitting individuals to rely on it before national courts.
- National law that conflicts with general principles of EU law, such as non-discrimination, must be disapplied by domestic courts.
- Article 6(2) TEU and the Charter of Fundamental Rights were instrumental in confirming these fundamental rights protections.

## Conclusion

The ECJ’s judgment in Mangold v Helm established that the general principle of non-discrimination on the grounds of age is directly effective and takes precedence over conflicting national law, reinforcing the central importance of fundamental rights within the EU legal order.

Mangold v Helm (Case C-144/04) [2005] ECR I-9981