[1] Ms Kücükdeveci argued that the German service related statutory minimum notice period, because it disregarded employment before the age of 25, was unjustifiably discriminatory against young people.
She argued that under the German Civil Code, BGB §622 (which was enacted in 1926, [34]) that she received only one month was discriminatory.
After the Landesarbeitsgericht Düsseldorf referred the question, the government argued the aim was to give employers more flexibility by allowing them to dismiss young workers, who can be expected to be more personally and occupationally mobile.
The questions were (1)(a) is an age qualification for provisions on reasonable notice discriminatory (b) are they justified (2) if unjustifiable, can private citizens have a direct right of action against employers?
The European Court of Justice (Grand Chamber) held that the legislation was contrary to the Employment Equality Framework Directive 2000/78/EC, but also following Mangold v Helm a general principle of equality which permeates all of EU law, to which the Directive merely gave expression.