Re Dutch Court Case
Longhitter:
Many thanks. Very helpful indeed.
The date is pivotal, because the EU law (which is enacted as a law within the country by amending the individual country's laws) supercedes the prior law. Members of the EU cannot opt out of the Directive--their laws must be consistent.
However, there is flexibility within the Directive for some adjustment and interpretation depending on the needs of the country. But those differences must be justified in each case.
The recent decisions of the EU Court of Justice have indeed verified that the EU Directive is controlling, and that exceptions must be justified in each case.
It would be good to hear from someone from KLM who is conversant with the existing application of the law to the specific contract--especially, were any modifications to the contract made in respect of the above decision, as a result of the need to be compliant with the EU Directive? OR did the age just get raised to 65?