BVAEB (Judgment) French Text [2022] EUECJ C-405/20 (05 May 2022)

BVAEB (Judgment) French Text [2022] EUECJ C-405/20 (05 May 2022)

The temporal limitation on the principle of equal treatment between men and women under Protocol No 33 and Article 12 of Directive 2006/54 does not apply to annual pension adjustments made after the reference date, as such adjustments do not affect rights accrued before that date. A national rule providing for a...

Source-derived case information.

Citation
[2022] EUECJ C-405/20
Parties
Applicant: EB; Applicant: JS; Applicant: DP; Respondent: Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB); Intervener: Gouvernement autrichien; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Verwaltungsgerichtshof (austria)
Outcome
Reference answered; national measure not precluded by EU law under stated conditions.
Legal Topics
Equal Treatment of Men and Women, Indirect Discrimination, Pensions, Professional Social Security Schemes, Interpretation of Article 157 TFEU, Directive 2006/54/ec, Justification of Discrimination, Proportionality
EU Law Social Security Law Employment Law Equality Law Equal Treatment of Men and Women Indirect Discrimination Pensions Professional Social Security Schemes +4 more

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Parties

EB

Applicant

JS

Applicant

DP

Applicant

Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB)

Respondent

Gouvernement autrichien

Intervener

Commission européenne

Intervener

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Verwaltungsgerichtshof (austria)

  1. 1 Whether the temporal limitation on the principle of equal treatment between men and women under Protocol No 33 and Article 12 of Directive 2006/54 applies to annual pension adjustments post-dating the reference date.
  2. 2 Whether a national rule providing for a degressive annual adjustment of civil servant pensions, with no adjustment above a certain threshold, constitutes unjustified indirect sex discrimination under Article 157 TFEU and Directive 2006/54.

Ratio Decidendi

The temporal limitation on the principle of equal treatment between men and women under Protocol No 33 and Article 12 of Directive 2006/54 does not apply to annual pension adjustments made after the reference date, as such adjustments do not affect rights accrued before that date. A national rule providing for a degressive annual adjustment of civil servant pensions, with no adjustment above a certain threshold, does not violate Article 157 TFEU or Article 5(c) of Directive 2006/54, even if it disproportionately affects men, provided the rule pursues legitimate social policy objectives (such as supporting lower pensions and ensuring sustainability), is applied coherently and...

Court Disposition

Reference answered; national measure not precluded by EU law under stated conditions.

Orders

  • The temporal limitation on equal treatment under Protocol No 33 and Article 12 of Directive 2006/54 does not apply to annual pension adjustments post-dating the reference date.
  • Article 157 TFEU and Article 5(c) of Directive 2006/54 do not preclude a national rule providing for a degressive annual adjustment of civil servant pensions, with no adjustment above a certain threshold, even if it disproportionately affects men, provided the rule pursues legitimate social policy objectives, is...