In Hornfeldt v PostenMeddelande AB the ECJ held that a Swedish compulsory retirement age of 67 was justified under the age provisions of the Equal Treatment Framework Directive. The rule had a legitimate aim of encouraging diversity of ages within the labour market and, in particular, encouraging the recruitment of younger workers. It was also held to be an appropriate and necessary means of achieving that aim. It did not matter that the rule did not specifically take into account the level of pension available to an employee on retirement.
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