A challenge brought by the Heyday organisation to parts of the Employment Equality (Age) Regulations 2006 has been referred to the European Court of Justice (ECJ).
According to Heyday - which is part of Age Concern - the regulation breaches the requirements of the European Directive on Equal Treatment in Employment.
Under UK age regulations, it is lawful for employers to force workers to retire at the of 65 and above for no reason other than their age, as long as they use the correct procedure.
Heyday states: "We are ... challenging the wide scope that the age regulations give to employers to justify age discrimination."
The high court has made an order asking the ECJ for an interpretation of the relevant European law, following which the high court will rule on whether parts of the UK's age regulations comply with European law.