THAT DIFFERENTIAL IN THE CASE OF A MASS REDUNDANCY IN A MANNER LESS FAVOURABLE TO WOMEN THAN TO MEN , GIVES RISE TO DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THE PROVISIONS OF THE DIRECTIVE .
23 IN CONTRAST , THE RESPONDENTS ARGUE FIRST OF ALL THAT IT IS UNNECESSARY TO REPLY TO THE FIRST QUESTION IN VIEW OF THE FACT THAT THEY PROPOSE THAT THE REPLY TO THE SECOND QUESTION SHOULD BE IN THE NEGATIVE .
24 THEY CONTEND THAT THEY DID NOT , IN ANY EVENT , DISCRIMINATE AGAINST THE APPELLANT , BECAUSE MEN AND WOMEN OF THE SAME AGE ( 55 ) ARE TREATED IN AN IDENTICAL MANNER .
25 ACCORDING TO THE RESPONDENTS , A WOMAN CANNOT DEMAND TO BE TREATED DIFFERENTLY IN ALL CASES FOR THE SOLE REASON THAT THERE IS A DIFFERENCE IN TREATMENT WITH REGARD TO THE NORMAL RETIREMENT AGE APPLIED BY THE EMPLOYER UNDER ITS OCCUPATIONAL SOCIAL SECURITY SCHEME . ON THE CONTRARY , SUCH A DIFFERENCE OF TREATMENT SHOULD NOT BE REFLECTED IN OTHER MATTERS PRIOR TO THE NORMAL DATE OF RETIREMENT .
26 THE FACT THAT THE COURT HELD IN ITS JUDGMENT IN THE BURTON CASE THAT A DIFFERENCE IN THE AGE WHICH MEN AND WOMEN MUST HAVE ATTAINED FOR ACCESS TO VOLUNTARY RETIREMENT CANNOT BE REGARDED AS DISCRIMINATION DOES NOT MEAN , ACCORDING TO THE RESPONDENTS , THAT IDENTICAL AGE CONDITIONS ARE NECESSARILY DISCRIMINATORY . IN ANY EVENT , THE TREATMENT APPLIED IN THIS CASE IS JUSTIFIED OBJECTIVELY BY THE NEED TO ENSURE THAT ALL EMPLOYEES WHO ARE DISMISSED AND ARE OVER THE AGE OF 55 RECEIVE A PENSION .
27 THE UNITED KINGDOM IS ALSO OF THE OPINION THAT THERE IS NO DISCRIMINATION , EITHER DIRECT OR INDIRECT , IN THIS CASE . IT CONSIDERS THAT THE NORMAL WAY TO ENSURE EQUALITY OF TREATMENT IS TO BASE THE RIGHT TO BENEFITS LINKED TO EMPLOYMENT ON THE SAME AGE REQUIREMENT FOR MEN AND WOMEN AND THAT THE BURTON JUDGMENT IS NOT RELEVANT TO THIS CASE .
28 THE COMMISSION ALSO MAINTAINS THAT THERE IS NO DISCRIMINATION IN THIS CASE AND THAT THE REPLY TO THE QUESTION IS TO BE FOUND IN ARTICLE 5 OF DIRECTIVE NO 76/207 AND IN AN ANALYSIS OF THE COURT ' S JUDGMENT IN THE BURTON CASE . IN THAT JUDGMENT THE COURT RECOGNIZED THE EXISTENCE OF A LINK BETWEEN ACCESS TO VOLUNTARY REDUNDANCY AND NATIONAL SOCIAL SECURITY SCHEMES .
29 ACCORDING TO THE COMMISSION , ARTICLE 7 ( 1 ) OF DIRECTIVE NO 79/7 DOES NOT AIM TO ENTRENCH THE DIFFERENCE BETWEEN THE PENSIONABLE AGES FOR MEN AND WOMEN BUT MERELY CREATES AN EXCEPTION IN A CASE WHERE NATIONAL LAW PROVIDES FOR SUCH A DIFFERENCE . IN THE ABSENCE OF A PROVISION TO THAT EFFECT NATIONAL PROVISIONS IMPOSING SUCH A DIFFERENCE MIGHT BE INCOMPATIBLE WITH THE DIRECTIVE . THE POSITION MIGHT BE THE SAME WITH REGARD TO ARTICLE 9 ( 1 ) ( A ) OF THE PROPOSED DIRECTIVE CONCERNING OCCUPATIONAL SOCIAL SECURITY