Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/21/2021

Subject: The Court affirmed that Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security does not preclude national legislation which, in the event of voluntary early retirement of a worker enrolled in the general social security scheme, makes that worker’s right to an early retirement pension subject to the condition that the amount of that pension is at least as much as the minimum pension amount to which that worker would be entitled at the age of 65, even if that law puts female workers at a particular disadvantage, compared with male workers, which is for the referring court to determine, provided, however, that that consequence is justified by legitimate social policy objectives which are unrelated to any discrimination based on sex

Parties: INSS

Classification: Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women

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