Hey day case proceedings reach European Court of Justice

A few weeks ago DiversityLink reported that a flood of Mandatory retirement cases could be ignited by a test case that has been taken to the European Court of Justice by Age Concern charity “Heyday”. The case challenges the mandatory retirement of people aged over 65 in the UK. Heyday argue the law conflicts with guidelines set out in a European directive

Tribunals in the UK have been advised to suspend rulings on cases involving mandatory retirement until the outcome of the test case is heard. Proceedings began this week on the 2nd of July. The court heard speeches from barrister Robin Allen QC, and the barrister for the Government, Dinah Rose QC.  A representative of the European Commission also commented on the case, the judges then asked a number of questions to clarify the arguments on both sides.

The next stage of the case will come on 23rd September 2008 when the Advocate General will publish his opinion on the case.  The Advocate General gives guidance on judgments which the Court will usually follow. Hey Day are quietly optimistic the court will rule in their favour. However the ECJ had previously ruled in favour of the Spanish government in similar circumstances a year ago, citing such retirement was justifiable if it had an aim.

The judgment of the Court will hopefully be published before the end of the year.


posted by

Asif Yusuf



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