In his opinion rendered on September 23, 2008, the advocate general Mazak proposes that the CJEC should retain that British law, which allows compulsory retirement, is compatible with the requirements of Directive 2000/78 on equal treatment. Although it is true that this system sets out a difference in treatment directly based on age, it is justified by an aim of public interest, even if it is not explicit, and it is achieved by appropriate and necessary means. (Ref. 080720)
British law allows employers, subject to certain conditions, forcibly to retire workers aged 65 and over. The compliance of this provision with Directive 2000/78 – establishing a general framework in favor of equal treatment in terms of employment and labor – was contested by the association “Age Concern England” which referred the case to the High Court, which in turn referred it to the CJEC for preliminary ruling.
General justification is enough to justify a difference in treatment based on age. The High Court first asked the CJEC if Directive 2000/78 imposes a specific justification for a difference in treatment based on age.
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