“… statements can be found in Hütter v Graz Technische C-88/08; [2009] 3 CMLR 35, Fuchs v Land Hessen C-159/10 [2012] ICR 93 and HK Danmark vExperian SA C-476/11 [2014] ICR 27; this latter case was a case in which the CJEU did say that the measure was unreasonable.…”
“… in the field of social policy and in defining the measures to implement it: Mangold v. Helm Case-144/04 [2006] 1 CMLR 43; HK Danmark v.Experian A/S Case-476/11[2014] ICR 27; and Rosenbladt OellerkingGebaudereinigungsges Case-45/09[2011] IRLR 51. She said (para 75) that “the decisions … under examination in the present case are dec…”
“…[103] Mr Tatton Brown helpfully drew the attention of the Tribunal to the opinion of the Advocate General in HK Danmark v Experian [2014] ICR 27, that rewarding loyalty would in principle be a legitimate aim, but it was the national court to decide.…”