# C_2006190EN.01000902.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/9 |
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12.8.2006

EN

Official Journal of the European Union

C 190/9

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Reference for a preliminary ruling from the Cour du travail de Bruxelles (Belgium) lodged on 22 May 2006 — Office national des pensions v Jonkman

(Case C-231/06)

(2006/C 190/16)

Language of the case: French

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings

Applicant: Office national des pensions

Applicant:

Defendant: Émilienne Jonkman

Defendant:

Questions referred

| 1. | With regard to the adjustment contributions (Article 4 of the Royal Decree of 25 June 1997 inserting Article 16b(2))
  Is Directive 79/7/EEC of 19 December 1978 (1) to be interpreted as meaning that it authorises a Member State to adopt rules intended to allow a category of persons of a particular sex, originally discriminated against, to become eligible for the pension scheme applicable to the category of persons of the opposite sex by making retroactive payment (a single payment of a very large sum) of contributions recovery of which would be time-barred under the legislation applicable in that State in the case of the latter category of persons?
  If so, is not Directive 79/7/EEC of 19 December 1978 to be interpreted as requiring a Member State to adapt legislation contrary to that provision as soon as a judgment of the Court of Justice of the European Communities rules that there is a conflict of laws and, at the very least, within the applicable time-limit for recovery of the contributions which have become payable by virtue of the adoption of that legislation? |
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1.

With regard to the adjustment contributions (Article 4 of the Royal Decree of 25 June 1997 inserting Article 16b(2))

Is Directive 79/7/EEC of 19 December 1978 (1) to be interpreted as meaning that it authorises a Member State to adopt rules intended to allow a category of persons of a particular sex, originally discriminated against, to become eligible for the pension scheme applicable to the category of persons of the opposite sex by making retroactive payment (a single payment of a very large sum) of contributions recovery of which would be time-barred under the legislation applicable in that State in the case of the latter category of persons?

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If so, is not Directive 79/7/EEC of 19 December 1978 to be interpreted as requiring a Member State to adapt legislation contrary to that provision as soon as a judgment of the Court of Justice of the European Communities rules that there is a conflict of laws and, at the very least, within the applicable time-limit for recovery of the contributions which have become payable by virtue of the adoption of that legislation?

| 2. | With regard to the interest for late payment (Article 4 of the Royal Decree of 25 June 1997 inserting the third subparagraph of Article 16b(4))
  Is Directive 79/7/EEC of 19 December 1978 to be interpreted as meaning that it authorises a Member State to adopt rules intended to allow a category of persons of a particular sex, originally discriminated against, to become eligible for the pension scheme applicable to the category of persons of the opposite sex by making payment of a large amount of late payment interest recovery of which would be time-barred under the legislation applicable in that State in the case of the latter category of persons?
  If so, is not Directive 79/7/EEC of 19 December 1978 to be interpreted as requiring a Member State to adapt legislation contrary to that provision as soon as a judgment of the Court of Justice of the European Communities rules that there is a conflict of laws and, at the very least, within the time-limit applicable for recovery of late payment interest due as a result of the adoption of that legislation? |
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2.

With regard to the interest for late payment (Article 4 of the Royal Decree of 25 June 1997 inserting the third subparagraph of Article 16b(4))

Is Directive 79/7/EEC of 19 December 1978 to be interpreted as meaning that it authorises a Member State to adopt rules intended to allow a category of persons of a particular sex, originally discriminated against, to become eligible for the pension scheme applicable to the category of persons of the opposite sex by making payment of a large amount of late payment interest recovery of which would be time-barred under the legislation applicable in that State in the case of the latter category of persons?

If so, is not Directive 79/7/EEC of 19 December 1978 to be interpreted as requiring a Member State to adapt legislation contrary to that provision as soon as a judgment of the Court of Justice of the European Communities rules that there is a conflict of laws and, at the very least, within the time-limit applicable for recovery of late payment interest due as a result of the adoption of that legislation?

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(1)  Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24).

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