Insights / News

Safeway Ltd v Newton: Advocate General delivers Opinion in equalisation case

Today, Advocate General Tanchev handed down his Opinion at the Court of Justice of the European Union, Luxembourg, in Case C-171/18 Safeway Ltd v (1) Andrew Richard Newton and (2) Safeway Pension Trustees Ltd (a preliminary reference from the Court of Appeal).

The case concerns the methods by which men and women’s pension ages can be equalised under a pension scheme. The scheme contained a power of amendment that permitted retrospective adverse amendments to rights. The material events occurred prior to the coming into force of section 67 of the Pensions Act 1995.

The reference asks whether EU law permits equalisation to be achieved during the Barber  window by retrospectively reducing the rights of the advantaged class where those rights were subject to such a power of amendment.

The Advocate General has proposed that the Court responds to the reference by finding that the EU law prohibition on retrospective levelling down applies even where the rules of a pension scheme confer a power, as a matter of domestic law, permitting rights to be reduced retrospectively.

The Opinion is not legally binding on the CJEU. It is expected to be followed by a legally binding judgment of the Grand Chamber at a later date.

Four members of chambers appeared before the Grand Chamber in Luxembourg: Andrew Short QC, Michael Uberoi and Chloë Bell, instructed by Burges Salmon, acted on behalf of the representative beneficiary, Mr Newton. David Grant, instructed by Eversheds Sutherland, acted on behalf of the Trustee.

News 27 Mar, 2019


Andrew Short KC

Call: 1990 Silk: 2010

David E Grant KC

Call: 1999 Silk: 2022

Michael Uberoi

Call: 2004

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Title Type CV Email

Remove All


Click here to share this shortlist.
(It will expire after 30 days.)