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ECJ upholds legitimate justification for mandatory retirement age

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • October 3 2011

Discrimination is normally only allowed under European law where the discriminatory measure can be objectively justified; this means showing that the measure is an 'appropriate and necessary' way of achieving a legitimate aim

Use of gender related factors: Government issues its statement on the Test-Achats case

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • August 5 2011

In March 2011, we reported on the European Court of Justice decision in the Test-Achats case, that from 21 December 2012 insurers would no longer be allowed to use gender-related factors in determining premiums and benefits in insurance contracts

Defined benefit schemes should not have to pay VAT on investment management services NAPF and HMRC take dispute to ECJ

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • April 4 2011

HMRC and the National Association of Pension Funds have referred a two-year legal dispute over whether DB schemes should have to pay VAT on investment management services to the European Court of Justice

Advocate General concludes that qualifying periods can restrict freedom of movement

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • December 3 2010

Employers who transfer employees between member states may need to consider how to ensure that members' benefits are not adversely affected by the transfer in light of a decision of the Advocate General in Maurits Casteels v British Airways plc (C-37909

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