Only a Matter of Time
The European Court of Justice has ruled that the limitation of retrospective membership of an occupational pension scheme is contrary to the principle of effectiveness. The two-year limitation currently provided by UK law severely reduces the practical effect of the right to claim retroactive membership under European Community law. The Court found that the six-month time limit for the commencement of legal proceedings was not prohibited by application of the principle of effectiveness as, on the contrary, such time limits assist in the provision of legal certainty. The development of European law in this respect will be explored and the practical impact of the Court's ruling considered.