Case C-232/06: Reference for a preliminary ruling from the Cour du travail de Bruxelles (Belgium) lodged on 22 May 2006 — Office national des pensions v Vercheval
Date: 2006-08-12
Institutions: Court of Justice
Subjects: equal treatment, gender equality, interest, interpretation of the law, pension scheme, social security, social-security contribution

C 190/10

EN

Official Journal of the European Union

12.8.2006

If so, is not Directive 79/7/EEC of 19 December 1978 to be
interpreted as requiring a Member State to adapt legislation
contrary to that provision as soon as a judgment of the
Court of Justice of the European Communities rules that
there is a conflict of laws and, at the very least, within the
applicable time-limit
the contributions
which have become payable by virtue of the adoption of
that legislation?

recovery of

for

Parties to the main proceedings

Applicant: Office national des pensions

Defendant: Hélène Vercheval

2. With regard to the interest for late payment (Article 4 of the
Royal Decree of 25 June 1997 inserting the third sub-
paragraph of Article 16b(4))

Questions referred

sex, originally discriminated against,

Is Directive 79/7/EEC of 19 December 1978 to be inter-
preted as meaning that it authorises a Member State to
adopt rules intended to allow a category of persons of a par-
to become
ticular
eligible for the pension scheme applicable to the category of
persons of the opposite sex by making payment of a large
amount of late payment interest recovery of which would
be time-barred under the legislation applicable in that State
in the case of the latter category of persons?

If so, is not Directive 79/7/EEC of 19 December 1978 to be
interpreted as requiring a Member State to adapt legislation
contrary to that provision as soon as a judgment of the
Court of Justice of the European Communities rules that
there is a conflict of laws and, at the very least, within the
time-limit applicable for recovery of late payment interest
due as a result of the adoption of that legislation?

(1) Council Directive 79/7/EEC of 19 December 1978 on the progres-
sive implementation of the principle of equal treatment for men and
women in matters of social security (OJ 1979 L 6, p. 24).

Reference for a preliminary ruling from the Cour du
travail de Bruxelles (Belgium) lodged on 22 May 2006 —
Office national des pensions v Vercheval

(Case C-232/06)

(2006/C 190/17)

Language of the case: French

Referring court

Cour du travail de Bruxelles

1. With regard to the adjustment contributions (Article 4 of
the Royal Decree of 25 June 1997 inserting Article 16b(2)):

sex, originally discriminated against,

Is Directive 79/7/EEC of 19 December 1978 (1) to be inter-
preted as meaning that it authorises a Member State to
adopt rules intended to allow a category of persons of a par-
ticular
to become
eligible for the pension scheme applicable to the category of
persons of the opposite sex by making retroactive payment
(a single payment of a very large sum) of contributions
recovery of which would be time-barred under the legisla-
tion applicable in that State in the case of the latter category
of persons?

If so, is not Directive 79/7/EEC of 19 December 1978 to be
interpreted as requiring a Member State to adapt legislation
contrary to that provision as soon as a judgment of the
Court of Justice of the European Communities rules that
there is a conflict of laws and, at the very least, within the
applicable time-limit
the contributions
which have become payable by virtue of the adoption of
that legislation?

recovery of

for

2. With regard to the interest for late payment (Article 4 of the
Royal Decree of 25 June 1997 inserting the third sub-
paragraph of Article 16b(4))

sex, originally discriminated against,

Is Directive 79/7/EEC of 19 December 1978 to be inter-
preted as meaning that it authorises a Member State to
adopt rules intended to allow a category of persons of a par-
to become
ticular
eligible for the pension scheme applicable to the category of
persons of the opposite sex by making payment of a large
amount of late payment interest recovery of which would
be time-barred under the legislation applicable in that State
in the case of the latter category of persons?

If so, is not Directive 79/7/EEC of 19 December 1978 to be
interpreted as requiring a Member State to adapt legislation
contrary to that provision as soon as a judgment of the
Court of Justice of the European Communities rules that
there is a conflict of laws and, at the very least, within the
time-limit applicable for recovery of late payment interest
due as a result of the adoption of that legislation?

(1) Council Directive 79/7/EEC of 19 December 1978 on the progres-
sive implementation of the principle of equal treatment for men and
women in matters of social security (OJ 1979 L 6, p. 24).