Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 27 May 2011 — Dansk Funktionærforbund, Serviceforbundet, acting on behalf of Frank Frandsen v Cimber Air A/S

(Case C-266/11)

2011/C 311/24

Language of the case: Danish

Referring court

Vestre Landsret

Parties to the main proceedings

Applicant: Dansk Funktionærforbund, Serviceforbundet, acting on behalf of Frank Frandsen

Defendant: Cimber Air A/S

Question referred

Is Council Directive 2000/78/EC (1) to be interpreted as meaning that the prohibition on all forms of discrimination on grounds of age precludes national rules from upholding a collective agreement between an airline company and the trade organisation representing that company’s pilots which provides for compulsory retirement at 60 years of age, when that agreement provision, which applied also before the entry into force of the Council Directive and before the entry into force of the national implementing legislation, has as its purpose the protection of aviation safety on the basis of a general consideration of reduced performance ability with age, without a specific assessment of the individual pilot’s performance ability, but such that the individual pilot may apply to be allowed to continue in his employment for a year at a time following approval by a committee made up of employer and employee representatives?

(1)  OJ 2000 L 303, p. 16.