2 ) OF DIRECTIVE NO 76/207 , TO FIX DIFFERENT RETIREMENT AGES FOR MEN AND WOMEN .
31 IT IS POSSIBLE TO CONCLUDE , IN THE RESPONDENT ' S VIEW , THAT DIRECTIVE NO 76/207 LEAVES THE MEMBER STATES FREE NOT TO INCLUDE , AMONG THE CONDITIONS OF EMPLOYMENT IN RESPECT OF WHICH EQUAL TREATMENT FOR MEN AND WOMEN MUST BE LAID DOWN PURSUANT TO THAT DIRECTIVE , AN EXPRESS OR IMPLIED CONDITION CONCERNING TERMINATION OF THE CONTRACT OF EMPLOYMENT ON THE GROUND OF THE AGE ATTAINED BY THE EMPLOYEE WHERE THAT CONDITION IS LINKED TO THE AGE AT WHICH THE EMPLOYEE BECOMES ENTITLED TO A PENSION .
32 THE GOVERNMENT OF THE NETHERLANDS AND THE UNITED KINGDOM ARE ALSO OF THE OPINION THAT THE DIFFERENCE IN TREATMENT IN QUESTION IS NOT CONTRARY TO COMMUNITY LAW IN VIEW OF THE LINK BETWEEN TERMINATION OF THE CONTRACT OF EMPLOYMENT AND THE RETIREMENT AGE FIXED IN THE PENSION SCHEME AND IN VIEW OF THE FACT THAT THERE IS NO DIRECTIVE PROVIDING THAT SUCH AN AGE DIFFERENTIAL IN OCCUPATIONAL SOCIAL SECURITY SCHEMES IS DISCRIMINATORY .
33 THE NETHERLANDS GOVERNMENT ALSO CONTENDS THAT IN VIEW OF THE CLOSE RELATIONSHIP BETWEEN THE DATE OF TERMINATION OF THE CONTRACT OF EMPLOYMENT , ON THE ONE HAND , AND THE DATE OF RETIREMENT AND THE TERMS OF THE PENSION SCHEME , ON THE OTHER , ANY OTHER INTERPRETATION COULD HAVE THE EFFECT OF FORCING EMPLOYERS AND PENSION FUNDS IN MANY CASES TO FIX THE TERMS OF THEIR PENSION SCHEMES AND THE RETIREMENT DATE ACCORDING TO THEIR OWN PERCEPTIONS .
34 THE COURT OBSERVES IN THE FIRST PLACE THAT THE QUESTION OF INTERPRETATION REFERRED TO IT DOES NOT CONCERN ACCESS TO A STATUTORY OR OCCUPATIONAL RETIREMENT SCHEME , THAT IS TO SAY THE CONDITIONS FOR THE PAYMENT OF AN OLD-AGE OR RETIREMENT PENSION , BUT THE FIXING OF AN AGE LIMIT WITH REGARD TO THE TERMINATION OF EMPLOYMENT . THAT QUESTION CONCERNS THE CONDITIONS GOVERNING DISMISSAL AND THEREFORE FALLS TO BE CONSIDERED UNDER DIRECTIVE NO 76/207 .
35 ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 PROVIDES THAT APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MEANS THAT MEN AND WOMEN ARE TO BE GUARANTEED THE SAME CONDITIONS WITHOUT DISCRIMINATION ON GROUNDS OF SEX .
36 IN ITS JUDGMENT IN THE BURTON CASE THE COURT HAS ALREADY STATED THAT THE WORD ' DISMISSAL ' CONTAINED IN THAT PROVISION MUST BE GIVEN A WIDE MEANING . CONSEQUENTLY , AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN THE TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION .
37 AS THE COURT EMPHASIZED IN THAT JUDGMENT , ARTICLE 7 OF DIRECTIVE NO 79/7 EXPRESSLY PROVIDES THAT THE DIRECTIVE DOES NOT PREJUDICE THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS SCOPE THE DETERMINATION OF