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High Court (McKechnie J) dismisses plaintiff's claim that his compulsory retirement as Assistant Garda Commissioner at the age of 60 was ultra vires the relevant legislation in breach of EU employment law.
Employment law - Garda Siochana - compulsory retirement of Assistant Garda Commissioner at age of 60 - Garda Síochána (Retirement) Regulations 1996 (S.I. No. 16/1996) - whether regulations ultra vires the Police Forces Amalgamation Act 1925 - whether incompatible with Council Directive 2000/78/EC - limitations of subordinate legislation - whether irrational - whether compulsory retirement was genuine occupational requirement of the Gardai - whether aimed at preserving the occupational capacity of the Gardai - whether objectively justified by a legitimate aim - whether direct discrimination - whether proportionate.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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