YS (Pensions d'entreprise de personnel cadre) (Judgment) French Text [2020] EUECJ C-223/19 (24 September 2020)

YS (Pensions d'entreprise de personnel cadre) (Judgment) French Text [2020] EUECJ C-223/19 (24 September 2020)

The Court held that the national measures (levy and removal of indexation) fall within the scope of Directives 2000/78/EC and 2006/54/EC as they affect remuneration and professional pension schemes. Such measures do not constitute prohibited indirect discrimination based on sex or age if justified by legitimate...

Source-derived case information.

Citation
[2020] EUECJ C-223/19
Parties
Applicant: YS; Respondent: NK AG
Jurisdiction
European Union
Judgment Date
24 September 2020
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (cjeu)
Outcome
Preliminary questions answered; national measures not precluded by EU law or the Charter, subject to national court's verification of justification and proportionality.
Legal Topics
Equality of Treatment, Indirect Discrimination, Pensions, Freedom of Contract, Right to Property, Right to Effective Remedy
European Union Law Labour Law Anti Discrimination Law Social Security Law Constitutional Law Equality of Treatment Indirect Discrimination Pensions +3 more

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Summary, issues, holding and outcome

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Parties

YS

Applicant

NK AG

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (cjeu)

Legal Issues

  1. 1 Whether national legislation providing for a levy on company pensions paid by state-controlled enterprises and the removal of indexation constitutes indirect discrimination based on sex or age under Directives 2000/78/EC and 2006/54/EC;
  2. 2 Whether such legislation violates the Charter of Fundamental Rights of the European Union (Articles 16, 17, 20, 21, 47);
  3. 3 Whether the lack of an autonomous legal remedy against such legislation violates the right to effective judicial protection.

Ratio Decidendi

The Court held that the national measures (levy and removal of indexation) fall within the scope of Directives 2000/78/EC and 2006/54/EC as they affect remuneration and professional pension schemes. Such measures do not constitute prohibited indirect discrimination based on sex or age if justified by legitimate objectives (such as reducing pension imbalances and ensuring sustainable financing), implemented coherently and proportionately, and not based on discriminatory grounds. The Charter does not preclude such measures if they are lawful, proportionate, and pursue legitimate public interest objectives. The right to an effective remedy is not violated if national law provides for...

Court Disposition

Preliminary questions answered; national measures not precluded by EU law or the Charter, subject to national court's verification of justification and proportionality.

Orders

  • Directives 2000/78/EC and 2006/54/EC apply to national measures affecting company pensions paid by state-controlled enterprises.
  • Such measures do not constitute prohibited indirect discrimination based on sex or age if justified by legitimate objectives and implemented proportionately.