Keywords
Summary

Keywords

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Social policy ° Equal treatment for men and women in matters of social security ° Directive 79/7 ° Derogation allowed regarding the possible consequences for other benefits of the existence of different retirement ages ° Scope ° Limited to the forms of discrimination which are necessarily and objectively linked to the difference in retirement age ° Discrimination in relation to invalidity benefits ° Appraisal by the national court

(Council Directive 79/7, Art. 7(1)(a))

Summary

National legislation which excludes the grant of invalidity benefits to people who have passed retirement age is discriminatory where that age is set at 60 years for women and 65 years for men.

Such discrimination may be justified under Article 7(1)(a) of Directive 79/7 on the progressive implementation on the principle of equal treatment for men and women in matters of social security only in relation to a possible consequence for benefits other than old-age benefits which might derive from the determination of different retirement ages, which presupposes that the discrimination concerned is necessarily and objectively linked to the difference in retirement age. It is for the national court to establish whether that is the case, by considering, having due regard to the intention of the Community legislature, whether the discrimination at issue is objectively necessary in order to preclude disrupting the financial equilibrium of the social security system or to ensure consistency between retirement pension schemes and other benefit schemes.