1. Articles 4(1) and 7(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security preclude national legislation which authorizes male and female workers to take retirement as from an identical age from retaining in the method of calculating the pension a difference according to sex which is itself linked to the difference in pensionable age which existed previously.
2. Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security may, where the directive has not been implemented, be relied on as from 23 December 1984 by individuals before national courts in order to preclude the application of any national provision inconsistent with that article.
3. Where there has been an infringement of Article 4(1) of the directive, the disadvantaged group is entitled to have the same rules applied to it as those applied to the advantaged group in the same situation, those rules remaining, in the absence of the correct implementation of the directive, the only valid point of reference
Citations:
C-154/92, [1993] EUECJ C-154/92, [1993] ECR I-3811
Links:
Jurisdiction:
European
Benefits
Updated: 14 June 2022; Ref: scu.160930