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 .
16 THE MINIMUM QUALIFYING AGE FOR A STATE RETIREMENT PENSION UNDER UNITED KINGDOM LEGISLATION IS 60 FOR WOMEN AND 65 FOR MEN .
17 OBSERVATIONS WERE SUBMITTED TO THE COURT BY THE UNITED KINGDOM , THE KINGDOM OF DENMARK AND THE COMMISSION , IN ADDITION TO THE APPELLANT AND THE RESPONDENTS .
THE FIRST QUESTION
18 BY THE FIRST QUESTION THE COURT OF APPEAL SEEKS TO ASCERTAIN WHETHER ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A CONTRACTUAL PROVISION WHICH LAYS DOWN A SINGLE AGE FOR THE DISMISSAL OF BOTH MEN AND WOMEN UNDER A MASS REDUNDANCY INVOLVING THE GRANT OF AN EARLY RETIREMENT PENSION , WHEREAS THE NORMAL RETIREMENT AGE IS DIFFERENT FOR MEN AND WOMEN , NAMELY 65 FOR THE FORMER AND 60 FOR THE LATTER , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX CONTRARY TO THAT DIRECTIVE .
19 THE APPELLANT CONSIDERS THAT THE FIRST QUESTION MUST BE ANSWERED IN THE AFFIRMATIVE .
20 ACCORDING TO HER THE QUESTION FALLS TO BE CONSIDERED , BY VIRTUE OF THE COURT ' S JUDGMENT OF 16 FEBRUARY 1982 ( CASE 19/81 BURTON V BRITISH RAILWAYS BOARD ( 1982 ) ECR 555 ), UNDER DIRECTIVE NO 76/207 . THE TERMS ' WORKING CONDITIONS ' AND ' CONDITIONS GOVERNING DISMISSAL ' CONTAINED IN THAT DIRECTIVE ALSO ENCOMPASS THE GRANT OF AN EARLY RETIREMENT PENSION UNDER A MASS REDUNDANCY .
21 THE APPELLANT CLAIMS THAT SHE SUFFERED DISCRIMINATIONS AS A RESULT OF THE RESPONDENTS ' FAILURE TO TAKE INTO ACCOUNT THE FACT THAT ITS NORMAL RETIREMENT SCHEME IT LINKED TO THE STATE RETIREMENT SCHEME , WITH PROVIDES FOR A DIFFERENT NORMAL RETIREMENT AGE FOR MEN AND WOMEN . ALTHOUGH THE FIRST VARIATION OF THE RESPONDENTS ' SCHEME ADOPTED THAT AGE DIFFERENCE IN RESPECT OF ACCESS TO EARLY RETIREMENT , IN ACCORDANCE WITH THE PRINCIPLES STATED BY THE COURT IN THE BURTON CASE , THOSE PRINCIPLES WERE NOT TAKEN ACCOUNT OF IN THE SECOND VARIATION .
22 THE APPELLANT CLAIMS THAT SHE IS ENTITLED , ACCORDING TO THE JUDGMENT IN THE BURTON CASE , TO COMPARE HER TREATMENT WITH THAT OF A MALE EMPLOYEE WHO IS AN EQUAL NUMBER OF YEARS AWAY FROM THE NORMAL RETIREMENT AGE . A SCHEME WHICH APPLIES AN AGE DIFFERENTIAL WITH REGARD TO THE RETIREMENT OF MEN AND OF WOMEN , AND WHICH DEPARTS FROM