# C_2008033EN.01000901.xml

| 7.2.2008 | EN | Official Journal of the European Union | C 33/9 |
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7.2.2008

EN

Official Journal of the European Union

C 33/9

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 30 October 2007

in Case E-2/07: EFTA Surveillance Authority v The Kingdom of Norway

(Widow's and widower's pension rights — Equal treatment of women and men — Article 69 EEA — Directive 79/7/EEC — Directive 86/378/EEC)

(Widow's and widower's pension rights — Equal treatment of women and men — Article 69 EEA — Directive 79/7/EEC — Directive 86/378/EEC)

(2008/C 33/07)

In Case E-2/07, EFTA Surveillance Authority v The Kingdom of Norway — Application for a declaration that by maintaining in force rules in lov av 28. juli 1949 nr. 26 om Statens Pensjonskasse (Public Service Pension Act) relating to pension rights accrued on the basis of periods of employment after 1 January 1994 pursuant to which the survivor's pension of a widower whose spouse became a member of the Public Service Pension Fund prior to 1 October 1976 is curtailed in relation to his other income whereas a widow in the same circumstances receives her survivor's pension without curtailment, the Kingdom of Norway has failed to fulfil its obligations under Article 69(1) EEA and Article 5 of the Act referred to at point 20 in Annex XVIII to the EEA Agreement (Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Council Directive 96/97/EC of 20 December 1996), as adapted by Protocol 1 thereto., the Court, composed of: Carl Baudenbacher, President (Judge-Rapporteur), Henrik Bull, Judge, and Thorgeir Örlygsson, Judge, gave judgment on 14 March 2007, the operative part of which is as follows:

| 1. | Declares that by maintaining in force rules in lov av 28. juli 1949 nr. 26 om Statens Pensjonskasse relating to pension rights accrued on the basis of periods of employment after 1 January 1994 pursuant to which the survivor's pension of a widower whose spouse became a member of the Public Service Pension Fund prior to 1 October 1976 is curtailed in relation to his other income whereas a widow in the same circumstances receives her survivor's pension without curtailment, the Kingdom of Norway has failed to fulfil its obligations under Article 69(1) EEA and Article 5 of the Act referred to at point 20 in Annex XVIII to the EEA Agreement (Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Council Directive 96/97/EC of 20 December 1996), as adapted by Protocol 1 thereto. |
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1.

Declares that by maintaining in force rules in lov av 28. juli 1949 nr. 26 om Statens Pensjonskasse relating to pension rights accrued on the basis of periods of employment after 1 January 1994 pursuant to which the survivor's pension of a widower whose spouse became a member of the Public Service Pension Fund prior to 1 October 1976 is curtailed in relation to his other income whereas a widow in the same circumstances receives her survivor's pension without curtailment, the Kingdom of Norway has failed to fulfil its obligations under Article 69(1) EEA and Article 5 of the Act referred to at point 20 in Annex XVIII to the EEA Agreement (Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Council Directive 96/97/EC of 20 December 1996), as adapted by Protocol 1 thereto.

| 2. | Orders the Kingdom of Norway to pay the costs of the proceedings. |
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2.

Orders the Kingdom of Norway to pay the costs of the proceedings.

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