Skip to main content

Occupational Pensions

Volume 449: debated on Tuesday 25 July 2006

To ask the Secretary of State for Work and Pensions why he applied for a temporal limitation procedure in relation to the Amicus-Community trade union European Court of Justice occupational pensions case. (78019)

[holding answer 16 June 2006]: The Government’s position is that the United Kingdom’s interpretation of article 8 of directive 80/987/EEC is consistent with the text of the directive, the legislative history, the case law of the European Court of Justice and, until recently represented, the view of the European Commission.

In the event of the European Court’s judgment being that article 8 requires a higher level of protection than provided in the UK, the Government asked the Court, in the interests of legal certainty, to consider imposing a temporal limitation on its judgment.

It is usual practice to ask for a temporal limitation on the judgment in a case such as this, where the relevant criteria that the Court has set down for imposing a temporal limitation are met.