Keywords
Summary

Keywords

Social policy - Equal treatment for men and women in matters of social security - Directive 79/7 - Derogation allowed in respect of determining the statutory pensionable age - Scope - Limited to forms of discrimination necessarily and objectively linked to the difference in pensionable age - Different method of calculating retirement pensions - Permissible

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

Summary

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 must be interpreted as meaning that, if national legislation has maintained a different pensionable age for male and female workers, the Member State concerned is entitled to calculate the amount of pension differently depending on the worker's sex.

The specification of the age for award of a retirement pension effectively determines the length of the period during which persons can contribute to the pension scheme. If a difference in pensionable age has been maintained, a question of fact which it is for the national court to decide, a form of discrimination in the method of calculating pensions is necessarily and objectively linked to that difference and thus comes under the derogation permitted by Article 7(1)(a).