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Upper age limit of 35 years for applicants to a police force was lawful (ECJ)

By November 22, 2016Uncategorized

In Gorka Salaberria Sorondo v Academia Vasca de Policía y Emergencias the ECJ held that Article 4(1) of the Equal Treatment Framework Directive (2000/78/EC) does not preclude the imposition under Spanish law of an upper age limit of 35 years for applicants to the Basque Police and Emergency Services Academy. The possession of particular physical capabilities is a characteristic relating to age. The nature of the specific duties involved requires a particular level of physical capability, which is a genuine and determining occupational requirement. The objective of preserving the operational capacity and proper functioning of the police service is legitimate. Imposing an upper age limit on applicants of 35 years does not go beyond what is necessary to achieve that objective. (Gorka Salaberria Sorondo v Academia Vasca de Polícia y Emergencias C-258/15.)