Judge, forced to retire at 70, loses age discrimination case

A 70-year-old Amsterdam judge has lost his claim for illegal dismissal, citing age discrimination.

The judge was forced to retire last January when he turned 70, but decided to take the issue to court.

Now, the administrative high court Centrale Raad van Beroep has ruled his dismissal was not age discrimination because, it says, the measure is an appropriate one and helps ensure the independence of the judiciary.

‘A fixed retirement age means jobs become available for other, younger judges,’ the court said. ‘That ensures a balanced and diverse personnel… and contributes to the quality of the legal system.’

Courts were closed during the height of the coronavirus epidemic and emergency legislation was passed allowing judges to retire at 73. But this was a ‘temporary, special measure for a specific situation,’ the court said.

It also pointed out that the retirement age for judges is also well above the official retirement age (now 66 and four months) and this mean judges can both work in court and claim their state pension.