Defreyn (Social policy) [2000] EUECJ C-166/99 (13 July 2000)

Defreyn (Social policy) [2000] EUECJ C-166/99 (13 July 2000)

The additional pre-retirement payment at issue is a benefit under an occupational social security scheme within the meaning of the Protocol, and the Protocol applies since Ms Defreyn's employment ended before 17 May 1990 and she did not initiate proceedings before that date. Therefore, Article 119 EC does not apply, and Article 5 of Directive 76/207/EEC does not cover such payments as they constitute 'pay' under Article 119 EC.

Citation
[2000] EUECJ C-166/99
Parties
Applicant: Ms Defreyn; Respondent: Sabena SA
Jurisdiction
European Union
Judgment Date
13 July 2000
Procedural Posture
Preliminary Ruling / Reference From Cour Du Travail, Brussels
Outcome
Reference answered; Protocol applies; Article 5 of Directive 76/207/EEC does not apply to the payment at issue.
Legal Topics
Equal Pay, Occupational Social Security Schemes, Sex Discrimination, Pre Retirement Payments, Directive 76/207/eec, Protocol No 2 on Article 119 EC
European Union Law Labour Law Equality Law Equal Pay Occupational Social Security Schemes Sex Discrimination Pre Retirement Payments Directive 76/207/eec +1 more

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Parties

Ms Defreyn

Applicant

Sabena SA

Respondent

Procedural Posture

Preliminary Ruling / Reference From Cour Du Travail, Brussels

Legal Issues

  1. 1 Whether the additional pre-retirement payment is a benefit under an occupational social security scheme within the meaning of Protocol No 2 on Article 119 EC
  2. 2 Whether exclusion of female workers over 60 from pre-retirement payments is compatible with Article 5 of Directive 76/207/EEC
  3. 3 Whether the Protocol precludes Ms Defreyn's claim based on Article 5 of Directive 76/207/EEC

Ratio Decidendi

The additional pre-retirement payment at issue is a benefit under an occupational social security scheme within the meaning of the Protocol, and the Protocol applies since Ms Defreyn's employment ended before 17 May 1990 and she did not initiate proceedings before that date. Therefore, Article 119 EC does not apply, and Article 5 of Directive 76/207/EEC does not cover such payments as they constitute 'pay' under Article 119 EC.

Court Disposition

Reference answered; Protocol applies; Article 5 of Directive 76/207/EEC does not apply to the payment at issue.

Orders

  • Protocol No 2 on Article 119 EC applies to the additional pre-retirement payment provided for by Collective Agreement No 17 and the Collective Labour Agreement of 23 May 1984.
  • An additional payment constituting 'pay' within Article 119 EC is not covered by Article 5 of Directive 76/207/EEC.