4.12.2004

Official Journal of the European Union

C 300/31

Reference for a preliminary ruling by a Social Security Commissioner, London, by direction of that tribunal dated 14 September 2004, in the case of Sarah Margaret Richards against Secretary of State for Work and Pensions

(Case C-423/04)

(2004/C 300/58)

Reference has been made to the Court of Justice of the European Communities by direction of a Social Security Commissioner, London, dated 14 September 2004, which was received at the Court Registry on 4 October 2004 for a preliminary ruling in the case of Sarah Margaret Richards and Secretary of State for Work and Pensions on the following questions:

(1)	Does Directive 79/7 (1) prohibit the refusal of a retirement pension to a male-to-female transsexual until she reaches the age of 65 and who would have been entitled to such a pension at the age of 60 had she been held to be a woman as a matter of national law?

(2)	If so, from what date should the Court's ruling on question 1 have effect?

(1) Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.01.1979, p. 24).