R (Age Concern) v Secretary of State for Trade and Industry

In the European Court of Justice (ECJ), Dinah Rose QC appeared for the Secretary of State who had been challenged under EU law on the legality of the Employment Equality (Age) Regulations, in particular the provision which allows employers to dismiss employees at age 65. On 23 September, the Advocate General (AG) delivered his Opinion. He concludes that the Regulations fall within the scope of Council Directive 2000/78/EC, which had established a general framework for equal treatment in employment and occupation, but that they are compatible with the Directive. The AG finds that Member States are not required to define the kinds of differences in treatment that may be justified under Article 6(1) of the Directive by means of a specific list. The AG recognises that the scope of the reference is actually relatively limited and acknowledges that it is for the national court to assess whether the Regulations may be justified under Article 6(1). Dinah Rose QC appeared for the Secretary of State in the ECJ and with David Pannick QC in the High Court.