According to the LAG Dusseldorf violated by age staggered holiday entitlement in a collective agreement with the prohibition of age discrimination (LAG Dusseldorf, 01.18.2011 - 8 Sat 1274/10).
That court (LAG) Dusseldorf had to decide on annual leave from employment for which refers to the collective bargaining agreement NRW retail application. This provides, inter alia, that the vacations are staggered according to age. Thus in a six-day week until the age of 20 Age entitled to 30 vacation days after 20 Age entitled to 32 vacation days after 23 Age entitled to 34 vacation days and after 30 Age claim to 36 vacation days.
saw the 24 year old applicant herein is an illegal age discrimination and was awarded by the Court 36 days' holiday. The reason cited was
that the differentiation was not put by age with the provisions on age discrimination in the General Equal Treatment Act (§ 10 AGG) in line. The upward convergence follows from the principle of effective and efficient enforcement of EU law requirements.
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