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Document 62018CA0171

Case C-171/18: Judgment of the Court (Grand Chamber) of 7 October 2019 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Safeway Ltd v Andrew Richard Newton, Safeway Pension Trustees Ltd (Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (now, after amendment, Article 141 EC) — Male and female workers — Equal pay — Private occupational retirement pension scheme — Normal pension age differentiated by gender — Date of adoption of measures reinstating equal treatment — Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged)

OJ C 423, 16.12.2019, p. 7–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

16.12.2019   

EN

Official Journal of the European Union

C 423/7


Judgment of the Court (Grand Chamber) of 7 October 2019 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Safeway Ltd v Andrew Richard Newton, Safeway Pension Trustees Ltd

(Case C-171/18) (1)

(Reference for a preliminary ruling - Social policy - Article 119 of the EC Treaty (now, after amendment, Article 141 EC) - Male and female workers - Equal pay - Private occupational retirement pension scheme - Normal pension age differentiated by gender - Date of adoption of measures reinstating equal treatment - Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged)

(2019/C 423/08)

Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings

Applicant: Safeway Ltd

Defendants: Andrew Richard Newton, Safeway Pension Trustees Ltd

Operative part of the judgment

Article 119 of the EC Treaty (now, after amendment, Article 141 EC) must be interpreted as precluding, in the absence of an objective justification, a pension scheme from adopting, in order to end discrimination contrary to that provision resulting from the fixing of a normal pension age differentiated by gender, a measure which equalises, with retroactive effect, the normal pension age of members of that scheme to that of the persons within the previously disadvantaged category, in respect of the period between the announcement of that measure and its adoption, even where such a measure is authorised under national law and under the Trust Deed governing that pension scheme.


(1)  OJ C 190, 4.6.2018.


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