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September 18, 2008
FORCED RETIREMENTS - HEYDAY JUDGMENT UPDATE
Advocate General Mazák will publish his opinion on 23rd September 2008. This is legal guidance to the Court and so can give an indication of what the final decision will be. However, the Advocate General’s opinion is not always followed – as happened in the case of Palacios, where the ECJ decision departed from Advocate General Mazák’s opinion.
There is no set timescale for the ECJ decision, but this is expected towards the end of this year, or early 2009. It is likely that the case will then be referred back to the High Court for a decision to be made on whether the law allowing mandatory retirement can be objectively justified, in the light of guidance from the ECJ’s judgment.
See Entry 5th July - FORCED RETIREMENTS
Posted by Hampshire at September 18, 2008 08:22 PM