Date announced for Heyday case to be heard at ECJ

The hearing of the Heyday case at the European Court of Justice will take place on July 2nd 2008. This is earlier than expected and means that a judgment from the ECJ is likely before the end of the year.

There will be no immediate decision following this hearing. The next stage will be the publication of the Advocate General’s opinion‚ which is designed to help the ECJ judges reach their decision. However‚ publication of this opinion could still be a few months down the line.

It is hoped that the ECJ will publish its judgment before the end of 2008. It is likely that the question of whether the default retirement age can be objectively justified will be remitted back to the High Court in the UK for a final decision in the light of guidance from the ECJ. The ECJ will also consider questions on whether the age regulations give employers too much scope to justify direct age discrimination.