La discriminación retributiva por motivos de edad en la jurisprudencia del Tribunal de Justicia de la Unión Europea

In recent years, salary inequity has acquired an increasing prominence in the
declarations on the non-discrimination by reason of age of the Court of Justice
of the European Union. The sentences passed on this subject are not entirely
satisfactory, particularly regarding indirect discrimination. Nonetheless, they
provide important criteria in order to evaluate said differences in accordance with
art. 6.1 of Directive 2000/78/CE. For instance, the denial that budgetary
limitations constitute a legitimate objective or the demand that treatment
differences are temporarily limited and that there is no other less harmful viable
alternative. These criteria become decisive in order to define the room of
manoeuvre of the member States when correcting discriminatory rules and they
can compel a reconsideration of the adopted position by our internal case law
regarding the «double salary scale».