Link: Public-sector workers placed, in certain circumstances, under the labour reserve system: the Greek legislation is not contrary to EU law (europa.eu)

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Court of Justice of the European Union

PRESS RELEASE No 58/21

Luxembourg, 15 April 2021

Judgment in Case C-511/19 AB v Olympiako Athlitiko Kentro Athinon – Spyros Louis

Public-sector workers placed, in certain circumstances, under the labour reserve system: the Greek legislation is not contrary to EU law

The difference in treatment on grounds of age established by that system pursues a legitimate labour-policy objective and the means of achieving that objective are appropriate and necessary

In 1982, AB was recruited by the Olympiako Athlitiko Kentro Athinon – Spyros Louis (Athens Olympic Athletic Centre – Spyros Louis, Greece; ‘OAKA’), a legal person governed by private law within the Greek public sector, under a contract of indefinite duration. In 1998, he was assigned the duties of technical adviser. On 1 January 2012, pursuant to Law 4024/2011, 1 ΑΒ was placed under the labour reserve system prior to his retirement, which resulted in his pay being reduced to 60% of his basic salary. 2 On 30 April 2013, OAKA terminated AB’s contract without giving him the severance pay provided for in the event of termination. That refusal was based on the legislation referred to above, which provides that the severance pay which is payable may be offset against the remuneration paid to the employee during his or her assignment to the labour reserve.