Mangold v Helm was a case before the European Court of Justice (ECJ). Mangold was a 54-year-old German man employed on a fixed term contract in a permanent full-time job. According to German law, fixed term contracts are unlawful unless they can be objectively justified. However, if the employee is over 52, that requirement does not apply.
The ECJ held in its judgment this contravenes the EU Equal Treatment Directive, even though it does not have to be implemented until the end of 2006. It said that, in general terms, legislation that lets employers treat people differently because of their age “offends the principle” in international law of eliminating discrimination on the basis of age. The ECJ ruled that national courts must set aside any provision of national law which conflicts with the directive even before the period for implementation has expired.
The key implications include:[1] [2]