The Advocate General has issued her opinion in the case of Wolf v Stadt Frankfurt which questions whether the restriction on applications to join the German fire service to those under age 30 amounts to age discrimination under the Equal Treatment Directive. The Advocate General considers that although this amounts to age discrimination, it is justifiable and potentially a genuine occupational requirement.

The decision of the European Court of Justice is yet to be published and it is not obliged to follow this approach. However, if it does, it could mark a widening of the scope of the genuine occupational requirement exception.