Case C-423/04: Judgment of the Court (First Chamber) of  27 April 2006  (reference for a preliminary ruling from the Social Security Commissioner) — Sarah Margaret Richards v Secretary of State for Work and Pensions (Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Refusal to award a retirement pension at the age of 60 to a transsexual who has undergone male-to-female gender reassignment surgery)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: LGBTIQ persons, equal treatment, interpretation of the law, pension scheme, social security

17.6.2006

EN

Official Journal of the European Union

C 143/13

Judgment of the Court (First Chamber) of 27 April 2006
(reference for a preliminary ruling from the Social
Security Commissioner) — Sarah Margaret Richards v
Secretary of State for Work and Pensions

of 65, when she would have been entitled to such a pension at the
age of 60 had she been held to be a woman as a matter of
national law.

(Case C-423/04) (1)

2. There is no need to limit the temporal effects of this judgment.

(Equal treatment for men and women in matters of social
security — Directive 79/7/EEC — Refusal to award a retire-
ment pension at the age of 60 to a transsexual who has
undergone male-to-female gender reassignment surgery)

(1) OJ C 300, 4.12.2004.

(2006/C 143/23)

Language of the case: English

Referring court

Social Security Commissioner

Parties to the main proceedings

Applicant: Sarah Margaret Richards

Defendant: Secretary of State for Work and Pensions

Re:

Reference for a preliminary ruling — Social Security Commis-
sioner — Interpretation of Articles 4 and 7 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 — Refusal to award a retirement
pension at the age of 60 to a male-to-female transsexual, the
age at which entitlement to such a pension would have arisen
if that person had been born female.

Operative part of the judgment

The Court:

Judgment of the Court (Third Chamber) of 6 April 2006
— Commission of the European Communities v Republic
of Austria

(Case C-428/04) (1)

(Failure to fulfil obligations — Directive 89/391/EEC —
Measures to encourage improvements in the safety and health
of workers at work — Failure to notify implementing
measures — Incorrect or inadequate implementation — Arti-
cles 2(1), 7(3), 8(2), 11(2)(c) and (d), 13(2)(b) and 18)

(2006/C 143/24)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: V. Kreuschitz, N. Yerrell and H. Kreppel, Agents)

Defendant: Republic of Austria (represented by: C. Pesendorfer,
Agent)

Re:

1. 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 is to be
interpreted as precluding legislation which denies a person who, in
accordance with the conditions laid down by national
law, has
undergone male-to-female gender reassignment entitlement to a
retirement pension on the ground that she has not reached the age

Failure of a Member State to fulfil obligations — Incomplete
and incorrect transposition of Council Directive 89/391/EEC of
12 June 1989 on the introduction of measures to encourage
improvements in the safety and health of workers at work
(OJ 1989 L 183, p. 1)