In October this year, the European Court of Justice (ECJ) gave its decision in the Spanish case of Felix Palacios de la Villa v Cortefiel Servicios [2007] which concerned the ability of national legislatures to permit compulsory retirement ages without infringing the provisions of framework Directive 2000/78 on Equal Treatment. It is worth considering the general guidance that this much publicised case offers, its impact upon the current Heyday reference from the English courts and the delay in the determination of that reference.
Earlier this year, the Advocate General (AG) delivered his opinion in the Palacios case. He considered that permitting mandatory retirement ages was not contrary to the Directive because that issue fell outside its scope. He was of the view that even if this fell within its scope, the Spanish Government could objectively justify the permission which it had given. He pointed to the broad discretion given to national legislatures in their choice of measures to implement social and economic policies.
