1. Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Derogation permitted with regard to the consequences that may result, for other benefits, from the existence of different pensionable ages - Scope - Whether Member States may adopt or amend measures linked to that age difference after expiry of the period prescribed for transposition
(Council Directive 79/7, Art. 7(1)(a))
2. Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Derogation permitted with regard to the consequences that may result, for other benefits, from the existence of different pensionable ages - Scope - Limitation solely to discrimination necessarily and objectively linked to the difference in pensionable ages - Discrimination affecting pensions intended to offset a decrease in income from work - Permissible
(Council Directive 79/7, Art. 7(1)(a))
1. Under Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, that directive is to be without prejudice to the right of Member States to exclude from its scope not only the determination of pensionable age for the purposes of granting old-age and retirement pensions but also the possible consequences thereof for other benefits. However, the temporary maintenance of different retirement ages according to sex may necessitate the subsequent adoption, after expiry of the period prescribed for transposition of the directive, of measures which are indissociable from the derogation from the principle of equal treatment of men and women and also amendments to such measures. To prohibit a Member State which has set different retirement ages for men and women from adopting or subsequently amending, after expiry of the period prescribed for transposition of the directive, measures linked to that age difference would be tantamount to depriving the derogation allowed by the abovementioned provision of its practical effect.
( see paras 4, 23-24 )
2. The derogation from the principle of equal treatment for men and women in matters of social security for which Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security provides must be interpreted as meaning that a benefit such as the reduced earnings allowance at issue in the main proceedings, which was introduced into the legislation of a Member State after expiry of the period prescribed for transposition of the directive and consists of an allowance for employees whose pay has decreased following an accident at work or occupational disease and is subject to age conditions which differ according to sex. Since that allowance is designed to compensate for a decrease in income from work, there is coherence between that scheme and the old-age pension scheme and, accordingly, such discrimination is objectively and necessarily linked to the difference between the retirement age for men and that for women.
( see paras 20, 30-32, 34-35 and operative part )