MANGOLD v HELM (CASE C-144/04) GRAND CHAMBER, EUROPEAN COURT OF JUSTICE 22 NOVEMBER 2006
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Abstract
Yet Another Way Round Horizontal Direct Effect…In June 2003 Werner Mangold, who was 56 years old, concluded a fixed-term contract of employment with Rüdiger Helm. The contract provided that its duration was based on para 14(3) of the TzBfG (German Law on Part-Time and Fixed-Term Employment) which was intended to facilitate the fixed-term employment of older workers (those over the age of 52). A few weeks into his employment, Mangold brought proceedings against Helm before the Arbeitsgericht München (Munich Labour Court) claiming that the clause fixing the duration of his employment was void in that para 14(3) of the TzBfG, on which it was based, was incompatible with Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and education.
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