The judges basically said that if you choose to remain on Cos99 because it benefits you, you cannot ask for the benefits of Cos08 when Cos 99 does not suit you anymore.
They did not look at it as a age discrimination case but as a contract case.
So, it may seem this case may be one of those rare exceptions.
However all it needs is an appeal heard in front of another judge who sees it as an age discrimination case rather than a contract case and all bets are off.
At this stage I'd say it's one all, as there's been a judgement in both directions.