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European Observer on fundamental right's respect

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Case Law C- 123/10 (20/10/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/20/2011

Subject: The Court stated the referring court would be justified in taking the view that Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that precludes a national arrangement which leads to the exclusion, from an exceptional pension increase, of a significantly higher percentage of female pensioners than male pensioners. A disadvantage suffered because of the exclusion of minimum pensions from the exceptional increase provided for by the adjustment scheme at issue in the main proceedings cannot be justified by the fact that women who have worked become entitled to a pension at an earlier age or that they receive their pension over a longer period, or because the compensatory supplement standard rate was also subject to an exceptional increase in respect of the same year 2008.

Parties: Waltraud Brachner

Classification: Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women - Solidarity - Art. 34 Social security

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