Hepple & Ors (Social policy) [2000] EUECJ C-196/98 (23 May 2000)

Hepple & Ors (Social policy) [2000] EUECJ C-196/98 (23 May 2000)

Discrimination in reduced earnings allowance based on different pensionable ages for men and women is objectively and necessarily linked to the difference in retirement age and is covered by the derogation in Article 7(1)(a) of Directive 79/7/EEC, provided it is necessary to ensure coherence between the retirement...

Source-derived case information.

Citation
[2000] EUECJ C-196/98
Parties
Applicants: Ms Hepple, Ms Stec, Ms Spencer, Mr Kimber, Mr Lunn; Respondent: Adjudication Officer
Jurisdiction
European Union
Judgment Date
23 May 2000
Procedural Posture
Preliminary Ruling (ecj) / Reference for Preliminary Ruling From Social Security Commissioner
Outcome
Reference answered; derogation applies.
Legal Topics
Sex Discrimination, Pensionable Age, Social Security Benefits, Interpretation of Directive 79/7/eec
European Union Law Social Security Law Equality Law Sex Discrimination Pensionable Age Social Security Benefits Interpretation of Directive 79/7/eec

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ms Hepple, Ms Stec, Ms Spencer, Mr Kimber, Mr Lunn

Applicants

Adjudication Officer

Respondent

Procedural Posture

Preliminary Ruling (ecj) / Reference for Preliminary Ruling From Social Security Commissioner

Legal Issues

  1. 1 Whether Article 7(1)(a) of Directive 79/7/EEC permits Member States to impose unequal age conditions for social security benefits linked to different pension ages for men and women.
  2. 2 Whether such discrimination is justified if not necessary for financial reasons and imposed after the Directive's transposition period.
  3. 3 Whether direct effect of the Directive requires national courts to rectify such inequality if not covered by the derogation.

Ratio Decidendi

Discrimination in reduced earnings allowance based on different pensionable ages for men and women is objectively and necessarily linked to the difference in retirement age and is covered by the derogation in Article 7(1)(a) of Directive 79/7/EEC, provided it is necessary to ensure coherence between the retirement pension scheme and other benefit schemes.

Court Disposition

Reference answered; derogation applies.

Orders

  • The derogation provided for in Article 7(1)(a) of Council Directive 79/7/EEC applies to a benefit such as reduced earnings allowance introduced after the Directive's transposition period and subject to age conditions differing by sex.
  • Decision on costs is a matter for the national court.