Judgment of the Court (Fifth Chamber) of 4 March 2004 in Case C-303/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Peter Haackert v Pensionsversicherungsanstalt der Angestellten
Date: 2004-04-17
Institutions: Court of Justice
Subjects: equal treatment, gender equality, interpretation of the law, pension scheme, retirement conditions, social security

C 94/8

EN

Official Journal of the European Union

17.4.2004

the laws,

Council Directive 87/102/EEC of 22 December 1986 for the
approximation of
regulations and administrative
provisions of the Member States concerning consumer credit,
as amended by Council Directive 90/88/EEC of 22 February
1990, does not require, before each renewal, on the existing
terms and conditions, of a credit agreement for a specified
period entered into in the form of a credit facility that may be
drawn down in instalments and is linked to a credit card, that
is repayable in monthly instalments and bears an interest rate
that is expressed to be variable, that the lender inform the
borrower in writing of the current annual percentage rate of
charge and of the conditions under which the latter may be
amended.

regarded, within the meaning of that provision, as a conse-
quence which may follow from the enactment in national legis-
lation of a different age condition by reference to sex for the
granting of old-age pensions.

(1) OJ No C 289, 23. 11. 2002

(1) OJ C 233 of 28.09.2002.

JUDGMENT OF THE COURT

(Fifth Chamber)

4 March 2004

JUDGMENT OF THE COURT

In Case C-334/02: Commission of the European Commu-
nities v French Republic (1)

(Fifth Chamber)

of 4 March 2004

(Failure of a Member State to fulfil
its obligations —
Freedom to provide services — Free movement of capital
— Tax on income arising from investments — Debtor not
resident or established in France — Exclusion of the fixed
legislation contrary to the
levy as the rate — National

terms of the Treaty)

in Case C-303/02 (reference for a preliminary ruling from
the Oberster Gerichtshof): Peter Haackert v Pensionsversi-
cherungsanstalt der Angestellten (1)

(Equality of treatment between men and women — Social
security — Early old-age pension for the unemployed —
Different pension age according to sex)

(2004/C 94/14)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-303/02: reference to the Court under Article 234 EC
by the Oberster Gerichtshof (Austria) for a preliminary ruling
in the proceedings pending before that court between Peter
Haackert and the Pensionsversicherungsanstalt der Angestellten
on the interpretation of Article 7(1)(a) of Council Directive
79/7/EEC of 19 December 1978 on the progressive implemen-
tation of the principle of equal treatment for men and women
in matters of social security (OJ 1979 L 6, p. 24), the Court
(Fifth Chamber), composed of P. Jann, acting for the President
of the Fifth Chamber, C.W.A. Timmermans, A. Rosas, A. La
Pergola (Rapporteur) and S. von Bahr, Judges; S. Alber, Advo-
cate-General; R. Grass, Registrar, gave a judgment on 4 March
2004, the operative part of which is as follows:

The derogation provided for in Article 7(1)(a) of Council Direc-
tive 79/7/EEC of 19 December 1978 on the progressive imple-
mentation of the principle of equal treatment for men and
women in matters of social security must be interpreted as
applying to a benefit such as early old-age pension on account
of unemployment, for which a different age condition by refer-
ence to sex has been established, since such a condition may be

(2004/C 94/15)

(Language of the case: French)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-334/02: Commission of the European Communities,
(Agents: R. Lyal and C. Giolito), with an address for service in
Luxembourg, against French Republic, (Agents: G. de Bergues
and P. Boussaroque): Application for a declaration that by
excluding altogether application of the rate of the fixed levy to
income arising from the investments and contracts referred to
in Articles 125-0 A and 125 A of the Code général des impôts
where the debtor is not resident or established in France, the
French Republic has failed to fulfil its obligations under Articles
49 and 56 EC, the Court (Third Chamber), composed of: P.
Jann (Rapporteur), acting for
the Fifth
Chamber, C.W.A. Timmermans and S. von Bahr, Judges; D.
Ruiz-Jarabo Colomer, Advocate General;. Múgica Arzamendi,
Principal Administrator, for the Registrar, has given a judgment
on 4 March 2003, in which it:

the President of

1. Declares that by excluding altogether application of the rate
of the fixed levy to income arising from the investments
and contracts referred to in Articles 125-0 A and 125 A of
the Code général des impôts where the debtor is not resi-
dent or established in France, the French Republic has failed
to fulfil its obligations under Articles 49 and 56 EC;

2. Orders the French Republic to pay the costs.

(1) OJ C 261 of 26.10.2002.