# C_2007183EN.01001301.xml

| 4.8.2007 | EN | Official Journal of the European Union | C 183/13 |
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4.8.2007

EN

Official Journal of the European Union

C 183/13

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Judgment of the Court (First Chamber) of 21 June 2007 (references for a preliminary ruling from the Cour du travail de Bruxelles, Belgium) — National Pensions Office v Emilienne Jonkman (C-231/06), Hélène Vercheval (C-232/06) and Noëlle Permesaen (C-233/06) v National Pensions Office

(Case C-231/06 to C-233/06) (1)

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(Equal treatment for men and women - Statutory pension scheme - Directive 79/7/EEC - Air hostesses - Grant of a pension equal to that of stewards - Payment of adjustment contributions in a single payment - Interest payments - Principle of effectiveness - Obligations on a Member State as a result of a preliminary ruling)

(2007/C 183/21)

Language of the case: French

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings

Appellants: National Pensions Office, Noëlle Permesaen (C-233/06)

Appellants:

Respondents: Emilienne Jonkman (C-231/06), Hélène Vercheval (C-232/06), National Pensions Office

Respondents:

Re:

Reference for a preliminary ruling — Cour du travail de Bruxelles (Labour Court, Brussels) — Interpretation of 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) — Possibility for a woman who was excluded from a more favourable pension scheme to be entitled to membership thereof retroactively, on making payment of the contributions relating to the membership period in question, in the form of a lump sum payment, and of late payment interest

Operative part of the judgment

| 1. | When a Member State adopts rules intended to allow persons of a particular sex, originally discriminated against, to become eligible throughout their retirement for the pension scheme applicable to persons of the other sex, 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:






  — | does not preclude that Member State from making such membership dependent upon the payment of adjustment contributions consisting of the difference between the contributions paid by the persons originally discriminated against in the period during which the discrimination took place and the higher contributions paid by the other category of persons during the same period, together with interest to compensate for inflation, |
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1.

When a Member State adopts rules intended to allow persons of a particular sex, originally discriminated against, to become eligible throughout their retirement for the pension scheme applicable to persons of the other sex, 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:

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does not preclude that Member State from making such membership dependent upon the payment of adjustment contributions consisting of the difference between the contributions paid by the persons originally discriminated against in the period during which the discrimination took place and the higher contributions paid by the other category of persons during the same period, together with interest to compensate for inflation,

| — | does preclude, by contrast, that Member State from requiring that payment of adjustment contributions to be made together with interest other than that to compensate for inflation, |
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does preclude, by contrast, that Member State from requiring that payment of adjustment contributions to be made together with interest other than that to compensate for inflation,

| — | also precludes a requirement that that payment be made as a single sum, where that condition makes the adjustment concerned impossible or excessively difficult in practice. That is the case in particular where the sum to be paid exceeds the annual pension of the interested party. |
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also precludes a requirement that that payment be made as a single sum, where that condition makes the adjustment concerned impossible or excessively difficult in practice. That is the case in particular where the sum to be paid exceeds the annual pension of the interested party.

| 2. | Following a judgment given by the Court on an order for reference from which it is apparent that the national legislation is incompatible with Community law, it is for the authorities of the Member State concerned to take the general or particular measures necessary to ensure that Community law is complied with, by ensuring in particular that national law is changed so as to comply with Community law as soon as possible and that the rights which individuals derive from Community law are given full effect. |
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2.

Following a judgment given by the Court on an order for reference from which it is apparent that the national legislation is incompatible with Community law, it is for the authorities of the Member State concerned to take the general or particular measures necessary to ensure that Community law is complied with, by ensuring in particular that national law is changed so as to comply with Community law as soon as possible and that the rights which individuals derive from Community law are given full effect.

| 3. | Where discrimination infringing Community law has been found, for as long as measures reinstating equal treatment have not been adopted, the national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category. |
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3.

Where discrimination infringing Community law has been found, for as long as measures reinstating equal treatment have not been adopted, the national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category.

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(1)  OJ C 190, 12.8.2006.

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