The Incorporated Trustees of the National Council on Ageing (Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform (Case C-388/7) [2009] All ER (D) 51 (Mar)
Article 6(1) of Directive 2000/78 allows derogation from the principle prohibiting discrimination on grounds of age only in respect of measures justified by legitimate social policy objectives, such as those related to employment policy, the labour market or vocational training. It is for the national court to ascertain whether the legislation in question (here, the Employment Equality (Age) Regulations 2006) is consonant with such a legitimate aim and whether the means chosen were appropriate and necessary to achieve that aim. Member states have the burden of establishing to a high standard of proof the legitimacy of the aim relied on as a justification.
