The Second Senate has repeatedly viewed the use of a points table for social selection, which provides for the formation of age groups and the allocation of points for age, as harmless. In its judgment of June 19, 2007 ( 2 AZR 304/06 ), it confirmed this case law also from the perspective of the ban on age discrimination contained in Council Directive 2000/78/EC. This does not stand in the way of age group formation and the allocation of points for age in social selection if it is justified by legitimate goals.

The preservation of the age structure through group formation not only counteracts the aging of the workforce, but also puts into perspective the excessive tendencies to evaluate age as a social factor and prevents younger employees from being placed under excessive strain. The Senate was able to leave open whether the law implementing European directives to implement the principle of equal treatment of August 14, 2006 (General Equal Treatment Act AGG) absolutely prohibits the formation of age groups and taking age into account in social selection, as the law was still in force at the time of termination did not apply.