In Safeway Ltd v Newton, the Court of Appeal referred a question to the ECJ, namely whether, where the rules of a pension scheme confer a power upon the amendment of its Trust deed, to reduce retrospectively the value of both men’s and women’s accrued pension rights for a period between the date of a written announcement of intended changes to the scheme and the date when the Trust deed is actually amended, Article 157 of the Treaty on the Functioning of the European Union prevents levelling down? AG Opinion was that where the Barber window remains open, Article 157 prevents retrospective levelling down of women’s normal pension age. The ECJ held that the retrospective levelling down of women’s normal pension age was precluded by Article 119 (now Article 157).