The European Court of Justice in Luxembourg has ruled that Lufthansa pilots can keep flying until age 65, finding the airline's age restriction for such workers as constitutes discrimination.

The court's judge said pilots aged above 60 may face certain limitations, but totally prohibiting them from flying is not necessary to ensure safety.

The age restriction also contradicts international regulations, which allow a pilot aged between 60 and 65 to fly if there is a younger co-pilot.

Three pilots of the German airline brought their complaint of age discrimination to local courts, which then passed the case to the EU Court of Justice. Germany's federal labour court asked the EU court to rule on whether the collective agreement between Lufthansa and its union, particularly the provision mandatory retirement age, was compatible with EU law.

Germany's court will have to enforce the ruling by way of revising existing laws.

Former Lufthansa captains Reinhard Prigge, Michael Fromm and Volker Lambach complained of forced retirement as the collective bargaining agreement of their union, Vereinigung Cockpit stipulates they can only fly until the age of 60. They sued Lufthansa to have their job contracts extended.

The VC disagrees with the ruling, citing medical evidence that the performance of pilots diminishes with age, particularly their sight and coordination. A union spokesman also said the retirement provision of the contract with Lufthansa has never been a subject of dispute since 1956.