Employers entitled to set maximum age for firefighters
The European Court of Justice (ECJ) has ruled that imposing a maximum age for firefighters did not contravene EU age regulations.
The case involved a 31-year-old German who wanted to join the fire service in Frankfurt. His application was turned down because local regulations set a maximum starting age of 30.
He took the case all the way to the ECJ which has now ruled against him. It held that the age limit satisfied the conditions needed for an exemption under the equal treatment directive 2000/78.
This was because, in contrast to many other professions, firefighters could be characterised by their physical nature. They needed to be able to rescue people and deal with hazardous situations. This required the "possession of especially high physical capacities".
The court accepted the German government's submission that physical capacity diminished with age and so the tasks of firefighters were best performed by young officials. Firefighters were only expected to perform front line duties for between 15 and 20 years. The age limit of 30 for new recruits was therefore proportionate and legitimate.
Please contact Yunus Lunat of our Employment Department if you would like more information about this or any aspect of employment law.
