TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . THE DIRECTIVE APPLIES , ACCORDING TO ARTICLE 3 ( 1 ) THEREOF , TO :
' ( A ) STATUTORY SCHEMES WHICH PROVIDE PROTECTION AGAINST THE FOLLOWING RISKS :
SICKNESS ,
INVALIDITY ,
OLD AGE ,
ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES ,
UNEMPLOYMENT ;
( B)SOCIAL ASSISTANCE , IN SO FAR AS IT IS INTENDED TO SUPPLEMENT OR REPLACE THE SCHEMES REFERRED TO IN ( A ). '
18 ACCORDING TO ARTICLE 7 ( 1 ) THEREOF , THE DIRECTIVE IS TO BE :
' WITHOUT PREJUDICE TO THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS SCOPE :
( A ) THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS ' .
. . . ' .
19 WITH REGARD TO OCCUPATIONAL SOCIAL SECURITY SCHEMES , ARTICLE 3 ( 3 ) OF THE DIRECTIVE PROVIDES THAT WITH A VIEW TO ENSURING IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT IN SUCH SCHEMES ' THE COUNCIL , ACTING ON A PROPOSAL FROM THE COMMISSION , WILL ADOPT PROVISIONS DEFINING ITS SUBSTANCE , ITS SCOPE AND THE ARRANGEMENTS FOR ITS APPLICATION ' . ON 5 MAY 1983 THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL FOR A DIRECTIVE ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN OCCUPATIONAL SOCIAL SECURITY SCHEMES ( OFFICIAL JOURNAL 1983 , C 134 , P . 7 ). THE PROPOSED DIRECTIVE WOULD , ACCORDING TO ARTICLE 2 ( 1 ) THEREOF , APPLY TO ' BENEFITS INTENDED TO SUPPLEMENT THE BENEFITS PROVIDED BY STATUTORY SOCIAL SECURITY SCHEMES OR TO REPLACE THEM ' . THE COUNCIL HAS NOT YET RESPONDED TO THAT PROPOSAL .
20 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENT .
THE FIRST QUESTION
21 BY THE FIRST QUESTION THE COURT OF APPEAL SEEKS TO ASCERTAIN WHETHER OR NOT ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL , FOLLOWED BY A STATE AUTHORITY , INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED OR PASSED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE .
22 THE APPELLANT AND THE COMMISSION CONSIDER THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE .
23 ACCORDING TO THE APPELLANT , THE SAID AGE LIMIT FALLS WITHIN THE TERM ' WORKING CONDITIONS ' WITHIN THE MEANING OF ARTICLES 1 ( 1 ) AND 5 ( 1 ) OF DIRECTIVE NO 76/207 . A WIDE INTERPRETATION OF THAT TERM IS , IN HER OPINION , JUSTIFIED IN VIEW OF THE OBJECTIVE OF THE EEC TREATY TO