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Gordon Lishman‚ Director General at Age Concern said:

"It's disappointing that the Palacios case has not succeeded. We believe it is discriminatory for an individual to be made to retire on the grounds of their age and against their will. However‚ this decision will not set back the legal case that Heyday - supported by Age Concern - is bringing to the European Court of Justice.

"There are significant distinctions between the Heyday case and the case of Felix Palacios. The legal advice we are hearing is that Heyday should forge ahead with its case undeterred.

 "We remain hopeful that the European Court of Justice will agree with Heyday's interpretation of the EU Directive in finding parts of the regulations relating to mandatory retirement age unlawful. Forcing an ageing workforce to retire on grounds of age alone is unlawful‚ discriminatory and absurd."