Prohibiting airline pilots from working after the age of 60 constitutes discrimination on grounds of age
While the right to act as a pilot may be limited from that age, total prohibition goes beyond that which is necessary to ensure air traffic safety
The directive on equal treatment in employment and occupation1 prohibits any unjustified difference in treatment at work that is related to age. Nevertheless, Member States, when implementing the directive, may provide that a difference in treatment which is based on workers’ physical capabilities, which themselves are related to age, does not constitute discrimination if having such capabilities is a genuine and determining requirement for being able to carry out a professional activity. Similarly, the directive does not prevent Member States from adopting all measures necessary to ensure the maintenance of public security.