CELEX: C2004/094/14
Language: en
Date: 2004-04-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 4 March 2004 in Case C-303/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Peter Haackert v Pensionsversicherungsanstalt der Angestellten

17.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 94/8
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 4 March 2004
   in Case C-303/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Peter Haackert v Pensionsversicherungsanstalt der Angestellten (1)
   
   (Equality of treatment between men and women - Social security - Early old-age pension for the unemployed - Different pension age according to sex)
   (2004/C 94/14)
   Language of the case: German
   In Case C-303/02: reference to the Court under Article 234 EC by the Oberster Gerichtshof (Austria) for a preliminary ruling in the proceedings pending before that court between Peter Haackert and the Pensionsversicherungsanstalt der Angestellten on the interpretation of Article 7(1)(a) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24), the Court (Fifth Chamber), composed of P. Jann, acting for the President of the Fifth Chamber, C.W.A. Timmermans, A. Rosas, A. La Pergola (Rapporteur) and S. von Bahr, Judges; S. Alber, Advocate-General; R. Grass, Registrar, gave a judgment on 4 March 2004, the operative part of which is as follows:
   The derogation provided for in Article 7(1)(a) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as applying to a benefit such as early old-age pension on account of unemployment, for which a different age condition by reference to sex has been established, since such a condition may be regarded, within the meaning of that provision, as a consequence which may follow from the enactment in national legislation of a different age condition by reference to sex for the granting of old-age pensions.
   
      (1)  OJ No C 289, 23. 11. 2002