(BRUSSELS) - The European court's top advisor on Tuesday rejected a rights group's claim that British retirement law, under which the over-65s can be forced to stop working, breaks EU law.

Age Concern has challenged British law, which since 2006 has allowed employers to compel retirement after the age of 65.

The rights group argues that setting an age limit is discriminatory as many people of pensionable age are still willing and able to work.

On the whole, the answers that Advocate General Jan Mazak suggested to the court "support the arguments of the UK government and reject those of Age Concern," the Luxembourg-based European Court of Justice said in a statement.

The advocate general's opinion, though not binding, is a major blow to Age Concern as the European courts normally follow his suggestions.

Age Concern director general Gordon Lishman said the legal opinion was "a set back, but it is not a disaster.

"Not having the advocate general's support for our case is disappointing for us and for the millions of older workers in the UK," he said in a statement.

"The advocate general's opinion confirms that the EU directive requires age discrimination to be justified," he added.

"It's now up to the UK government to prove to the High Court that their social and employment policies are important enough to justify kicking people out of work at 65."

Age Concern brought their case to Britain's High Court, which in turn referred it to the EU court for guidance.

In his 20-page ruling the advocate general dismissed Age Concern's argument that all cases where discrimination in the work place is to be allowed must be listed in law.

He argued that "it would be impossible to establish such an exhaustive list in advance."

Discrimination could in principle be justified, he wrote, if it was "objectively and reasonably justified in the context of national law by a legitimate aim relating to employment policy and the labour market and it is not apparent that the means put in place to achieve that aim of public interest are inappropriate and unnecessary for the purpose."

Some 260 people in Britain have cases at employment tribunals that depend on the court's ultimate decision, according to Age Concern.

However a European court ruling in their favour would potentially affect every workforce in the 27-nation European Union.

In giving his opinion Mazak admitted that the law was not perfect.

"In a perfect world everyone would be judged individually and according to his merits... In a perfect world, everyone would thus be given his due and justice would be done," he wrote.

"Unfortunately, perfect justice in that sense must remain beyond the reach of the law of this world. As a 'rule', law must by its nature be general."

The European judges are expected to give their ruling in the case just before Christmas.

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