Order of the Court of Justice (Third Chamber) of 30 April 2004 in Case C-172/02 (reference for a preliminary ruling from the Cour de cassation): Robert Bourgard v Institut national d'assurances sociales pour travailleurs indépendants (Inasti) (Article 104(3) of the Rules of Procedure — Social policy — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Self-employed workers — Derogation allowed for the determination of pensionable age — Possibility for male workers to claim early entitlement to old-age pension — Limited to forms of discrimination necessary and objectively linked to the difference in pensionable ages — Method of calculation — Reduction for early entitlement)
Date: 2004-04-30
Institutions: Court of Justice
Subjects: gender equality, interpretation of the law, pension scheme, retirement conditions, self-employed person

C 118/26

EN

Official Journal of the European Union

30.4.2004

precludes national legislation which recognises in principle the equiva-
lence of qualifications in architecture and civil engineering, but reser-
ving work on inter alia classified heritage buildings to architects only.

ment pension in the five years prior to the normal age of retirement, a
reduction of five per cent for each year in which the pension is taken
in advance.

(1) OJ C 56 of 2.3.2002

(1) OJ C 156 of 29. 6. 2002.

ORDER OF THE COURT OF JUSTICE

ORDER OF THE COURT OF JUSTICE

(Third Chamber)

of 30 April 2004

(Third Chamber)

of 27 April 2004

in Case C-172/02 (reference for a preliminary ruling from
the Cour de cassation): Robert Bourgard v Institut national
indépendants
d'assurances

sociales pour

travailleurs

(Inasti) (1)

(Article 104(3) of the Rules of Procedure — Social policy —
Equal treatment for men and women in matters of social
security — Directive 79/7/EEC — Self-employed workers —
Derogation allowed for the determination of pensionable age
— Possibility for male workers to claim early entitlement to
old-age pension — Limited to forms of discrimination neces-
sary and objectively linked to the difference in pensionable
ages — Method of calculation — Reduction for early entitle-
ment)

(2004/C 118/45)

(Language of the case: French)

In Case C-172/02: reference to the Court under Article 234 EC
by the Cour de cassation (Belgium), seeking to obtain, in the
proceedings pending before that court between Robert Bour-
gard and Institut national d'assurances sociales pour travailleurs
indépendants (Inasti), a preliminary ruling on the interpretation
of Article 7(1)(a) of Council Directive 79/7/EEC of 19
December 1978 on the progressive implementation of the prin-
ciple of equal treatment for men and women in matters of
social security (OJ 1979 L 6, p. 24) – the Court
(Third
Chamber), composed of A. Rosas (Rapporteur), President of the
Chamber, R. Schintgen and N. Colneric,
J. Kokott,
Advocate General; R. Grass, Registrar, made an order on 30
April 2004, the operative part of which is as follows:

Judges;

Article 4(1) 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, read in conjunction
with Article 7(1)(a), must be interpreted as meaning that, where the
national legislation of a Member State has maintained a difference of
retirement ages for men and women,
it does not preclude that
Member State, in circumstances such as those in the main proceedings
in this case, from calculating the amount of the retirement pension
differently according to the sex of the worker and from applying to
male workers, who alone have the right to apply for an early retire-

in Case C-358/02 (reference for a preliminary ruling from
the Tribunal du travail de Bruxelles): Yamina Haddad v
Belgian State (1)

(Article 104(3) of the Rules of Procedure — Cooperation
Agreement EEC-Morocco — Article 41(1) — Persons covered
— Principle of non-discrimination in matters of social
security — Disability allowance)

(2004/C 118/46)

(Language of the case: French)

In Case C-358/02: reference to the Court under Article 234 EC
from the Tribunal du travailed Bruxelles,
for a preliminary
ruling in the proceedings pending before that court between
Yamina Haddad and Belgian State – on the interpretation of
Article 41(1) of the Cooperation Agreement between the Euro-
pean Economic Community and the Kingdom of Morocco,
signed in Rabat on 27 April 1976 and approved on behalf of
the Community by Council Regulation (EEC) No 2211/78 of
26 September 1978 (OJ 1978 L 264, p. 1) – the Court (Third
Chamber), composed of: A Rosas, President of the Chamber, R.
Schintgen (Rapporteur) and K. Schiemann,
Judges; Advocate
General: F.G. Jacobs; Registrar: R. Grass, made an order on 27
April 2004, the operative part of which is as follows:

Article 41(1) of the Cooperation Agreement between the European
Economic Community and the Kingdom of Morocco, signed in Rabat
on 27 April 1976 and approved on behalf of the Community by
Council Regulation (EEC) No 2211/78 of 26 September 1978,
must be interpreted as meaning that it does not apply to the case of a
the wife of an unemployed
student with Moroccan nationality,
Moroccan national who is also unemployed both resident
in a
Member State which refuses to grant a disability allowance to the clai-
mant, when the couple are insured on a voluntary basis under the
sickness insurance scheme of that State, where it is not proven that
the claimant lives with a worker of Moroccan nationality with whom
she has a close family relationship.

(1) OJ C 305 of 7.12.2002.