O’Brien v Ministry of Justice  CJEUPosted In: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionPensions, A-Typical Working
The claimant, Mr O'Brien, was called to the Bar in 1962 and appointed Queen's Counsel in 1983. He worked as a Recorder from 1978 until his retirement in 2005, on his 65th birthday. It was then that he requested, relying on Directive 97/81 and the Part-Time Workers 22 Regulations, a retirement pension calculated as a proportion on a pro rata basis of that which a full-time Circuit Judge would be entitled to if he had retired on the same date. The Department of Constitutional Affairs rejected his request, considering that Mr O'Brien had no claim to a pension. The Supreme Court referred the following questions to the Court of Justice:
- Is it for national law to determine whether or not judges
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