The ECJ found that although the requirement affected workers’ access to employment, it was not unlawful age discrimination as it arose from a genuine occupational requirement.
The ECJ held “the possession of particular physical capacities is one characteristic relating to age” and that the duties “may require the use of physical force”. If officers lacked that capacity it might “have significant consequences for the police officers themselves and third parties [and] the maintenance of public order”. It was not just a question of looking at age at recruitment but also the years of service that could be accomplished thereafter.